Legal Information

ClickSend Terms Of Use

1. Services

    ClickSend provides its services to you subject to the following terms and conditions. If you visit or conduct electronic transactions in any way at ClickSend, you accept and agree to abide by these terms and conditions.

    ClickSend provides users with a variety of tools and resources to collect visitor mobile numbers and to create, launch, and manage online SMS and MMS, email, fax and online post (the “Services”). The following are the terms and conditions for use of the Services. By signing this document or after logging in for the first time, you accept these terms and conditions.

2. Services and Support

    2.1 The Services are provided subject to this Agreement, as it may be amended by ClickSend, and any guidelines, rules or operating policies that ClickSend may establish and post from time to time (the “Agreement”). By posting updated versions of the Agreement at the ClickSend web site, or otherwise providing notice to you, ClickSend may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

    2.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

    2.3 Pinapayagan ang serbisyo ng mga website ng korporasyon, mga website ng maliit na negosyo, at mga site ng komunidad upang mag-sign up ang mga bibisita sa web site, mangolekta at makuhang muli ang data sa pag-sign up ng bisita, at bubuo at magpapatupad ng mga komunikasyon sa mga bisita at iba pang mga target prospect

    2.4 Both the number of messages sent through the Service and the number of characters of data transferred via SMS are metered by ClickSend. Normal ClickSend accounts allow you to send an unlimited number of communications provided your account has enough credit.

    2.5 Kailangan mong kumpletuhin ang registration form sa aming sign-up page para magamit ang aming mga serbisyo. Kailangan mo din magbigay ng totoo, tumpak, kasalukuyang, at kumpletong impormasyon tungkol sa iyong sarili tulad ng hinihinging impormasyon sa registration form. Bilang bahagi ng proseso ng pagrerehistro, kailangan mong kumpirmahin isang email address at password para sa iyong ClickSend account. Responsibilidad mong pangalagaan ang seguridad ng iyong account, password, files at lahat ng serbisyo gamit ang iyong pangalan. May karapatan ang ClickSend na tanggihan ang pagpaparehistro o kanselahin ang mga account na itinuturing na hindi naaangkop.

    2.6 Kung ang pagproseso ng anuman sa iyong mga empleyado, ang mga kontratista 'o personal na data ng mga customer ("Company Personal Data") ay pinamamahalaan ng General Data Protection Regulation 2016/679 (GDPR), ang mga karagdagang termino sa aming Ang schedule sa pagpoproseso ng data (“DPS”) apply and form part of this Agreement.

3. Restrictions and Responsibilities

    3.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services (“Software”); remove any proprietary notices or labels from the Services or any Software, modify, translate, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for business purposes only, strictly no personal use unless prior approval from ClickSend given.

    3.2 You acknowledge and agree that the Services and the ClickSend company names and logos and all related product and service names, design marks and slogans, are the property of ClickSend or its affiliates or suppliers (collectively, the “Marks”). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of ClickSend. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in ClickSend or its third party suppliers, as the case may be.

    3.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party contact lists in connection with preparing or distributing unsolicited messages to any third party. You hereby agree to indemnify and hold harmless ClickSend against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although ClickSend has no obligation to monitor the content provided by you or your use of the Services, ClickSend may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

    3.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates federal, state or other laws that may apply in your local area is prohibited. In addition, you must not use the Services to send material that is:

      (a) likely to be, having regard to the contemporary attitudes of the society in which the material is received, offensive to reasonable adults;

      (b) is likely to be, having regard to Law and the contemporary attitudes of society, unsuitable for minors;

      (c) promotes, incites or instructs in matters of crime;

      (d) naglalarawan, nag-uudyok o nagsusulong ng seksuwal na aktibidad na labag sa batas

      (e) promotes or incites violence or hatred against any person or group, or incites racial hatred;

      (f) nagiging sanhi ng hindi kinakailangang alarma, pagkabalisa o pagkagulat o pag-iisip ng karakter;

      (g) contains a computer worm or virus;

      (h) breaches any law;

      (i) fraudulent;

      (j) is in contravention of any privacy rules;

      (k) infringes the confidentiality, copyright or other intellectual property rights or any other proprietary interest of any person;

      (l) is false, misleading or deceptive, or likely to mislead or deceive;

      (m) provides financial advice to any person;

      (n) wala sa oras, ang pagsasaalang-alang sa impormasyon na magagamit sa pangkalahatan, kasunod na nai-publish, o pinakawalan, o ginawa para magagamit;

      (o) defamatory;

      (p) is for the purpose of providing any warning or notification about a serious risk to the safety of persons or property (for example, emergency services); or

      (q) infringes laws, regulations and guidelines regarding advertising, endorsements and testimonials, including guidance and regulations released by the Australian Media and Communications Authority, Australian Competition and Consumer Commission, US Federal Trade Commission and any jurisdictional equivalent

    3.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to ClickSend. ClickSend may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you.

    3.6 ClickSend will not use any of your subscriber lists or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, ClickSend will not use your customer information for the purpose of sending unsolicited commercial messages.

    3.7 You will comply with our Anti-Spam Policy, as well as Privacy legislation and guidelines, applicable to the jurisdictions in which messages are sent and received. In particular, you warrant and undertake at all times that where required by applicable law, the recipient of any communication you send via the Services has consented or otherwise opted-in to the receipt of such message as required by applicable law or regulation.

    3.8 You may not use ClickSend to distribute illegal contests, pyramid schemes, chain letters, or multi-level marketing campaigns.

    3.9 You may not use ClickSend to send message campaigns that link to or display nudity, obscene content, gambling related content, pharmaceutical related content, illegal software, viruses, or to distribute any other content that we deem inappropriate.

4. Termination

    4.1 You may terminate this Agreement at any time by contacting us. Correspondence must include your first name, last name, and ClickSend username. No refunds will be issued if you terminate this agreement.

    4.2 ClickSend may terminate this Agreement or the Services at any time with or without cause, and with or without notice. ClickSend shall have no liability to you or any third party because of such termination. If ClickSend terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

    4.3 ClickSend may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

5. Warranty Disclaimer; Remedies

    USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. CLICKSEND DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND CLICKSEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

    Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for ClickSend to use commercially reasonable efforts to adjust or repair the Services.

6. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL CLICKSEND OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “CLICKSEND”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CLICKSEND SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, CLICKSEND IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF CLICKSEND TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

7. Serbisyo ng SMS

    7.1 ClickSend provides an SMS service that sends messages to mobile phones using established carriers and aggregation companies. The provision of the SMS service is subject to the following Terms of Service.

    7.2 You acknowledge that ClickSend delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. SMS messages submitted via the Internet will be transferred to the addressed mobile recipients in due course, provided that the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully. ClickSend neither claims nor guarantees either availability or performance of this service. While ClickSend makes every effort to deliver the message promptly, ClickSend accepts no liability for transmission delays or SMS message failures.

    7.3 ClickSend debits transmitted SMS messages according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if ClickSend’ investigations have produced evidence of technical problem or error. Because ClickSend cannot guarantee delivery of the SMS messages to the recipients due to possible errors on the part of the mobile network providers, ClickSend will not refund undeliverable SMS messages to you.

    7.4 You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you.

8. Export of Services or Technical Data

    You may not remove or export from Australia or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of Australia or any other applicable country.

9. Miscellaneous

    9.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

    9.2 ClickSend and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

    9.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind ClickSend in any respect whatsoever.

    9.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.

    9.5 The Agreement shall be governed by the laws of the State of Victoria Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Melbourne, Victoria.

10. System Requirements

    It is understood that in order to use ClickSend, a Windows PC or Mac with Internet Explorer 7.0, Safari 3.0 and Firefox 2.0 or higher must be used. Additionally, a stable connection to the Internet is recommended. ClickSend may work in a limited manner on other platforms, but there is no guarantee of functionality at any time. Additionally, ClickSend may work in a limited manner on a non-Internet Explorer web browser (such as Netscape Navigator), but there is no guarantee of full functionality on any web browsers.

11. Compliance rules for sending messages.

    Dapat sundin ng lahat ng mga customer ng ClickSend ang mga patakaran ng Federal SPAM act at ng Anti-Spam, ang kasunduang ito kapag nagpapadala ng mga elektronikong mensahe sa pamamagitan ng aming serbisyo. Alinsunod dito, hinihiling namin ang sumusunod ng mga mensahe na ipinadala sa pamamagitan ng sistemang ClickSend: Ang mga patnubay na ito ay makakatulong na matiyak na ang ClickSend ay nagpapanatili ng reputasyon at katayuan na may maraming mga pangunahing carrier at whitelisting program. Kung sa anumang oras ang iyong kampanya ay na-flag bilang SPAM ng mga ng carrier sunscriber, ang taglay ng ClickSend ay may karapatan na kanselahin ang iyong account nang walang abiso.

12. Message and Permission Practices

    12.1 Lahat ng mensahe na mayroong marketing related content ay ipinapadala na may kasamang "Opt-out" na mekanismo na nagbibigay ng pahintulot sa mga subscribers na alisin ang kanilang numero sa iyong contact list. Ang bawat ganoong mekanismo, ay dapat nananatiling tumatakbo sa loob ng tatlumpung (30) araw pagkatapos ng petsa kung saan ka nagpapadala ng mensahe, at dapat na nasa porma at kasiya-siyang sangkap sa ClickSend. Kinikilala at sumasang-ayon ka na isama at hindi alisin, huwag paganahin o pagtatangka na alisin o huwag paganahin ang mekanismong ito.

    12.2 You agree to import, access or otherwise use only permission-based contact lists. Purchased contact lists are prohibited.

    12.3 You are responsible for monitoring, correcting, processing Opt Out requests within 10 days, and updating the mobile numbers to which messages are sent through your ClickSend account. ClickSend has tools available for managing opt-outs for you.

    12.4 Ang mga mensahe na ipadadala mo sa pamamagitan ng aming serbisyo ay maaaring makabuo ng mga reklamo ng pang-aabuso mula sa mga tatanggap. Ikaw ay responsable at siguraduhin na ang iyong mga messages campaign ay hindi maglilikha ng bilang ng reklamo sa pang-aabuso ng labis sa mga pamantayan sa industriya. Ang Clicksend at ang sole discretion nito, ay matutukoy kung ang bilang ng iyong mga reklamo ng pang-aabuso ay pasok sa pamantayan ng industriya at ang pagpapasiya nito ay magiging pinale, pagbubuklod at konklusyon para sa lahat ng mga layunin sa ilalim ng kasunduang ito.

    12.5 ClickSend, at its own discretion, may immediately disable your access without refund to the Services if ClickSend believes in its sole discretion that you have violated any of the message and permission practices listed above, or the ClickSend Anti-Spam Policy.

13. Halaga o presyo ng bilang ng mga letra sa isang mensahe.

    A standard SMS message has a maximum of 160 characters. Longer messages are definitely possible, however please be aware that exceeding 160 characters will constitute a ‘second’ message. The end user will see this as 1 long message on their handset. When a message is longer than 160 characters, this is referred to as a multi-part message as it contains multiple messages (or multiple-parts). The total SMS limit then becomes 153 characters per ‘part’ as the 7 characters are used up by invisible headers and footers which denote which part of the message is being sent (i.e. Part 1 of 2). For example: If a message is longer than 6 message parts, it will be truncated (see below). If a message contains any characters that aren’t in the GSM 03.38 character set, the message type will be treated as unicode. (https://en.wikipedia.org/wiki/GSM_03.38).

    Standard English Characters:

      1 – 160 characters = 1 Message
      161 – 306 characters = 2 Messages
      307 – 459 characters = 3 Messages
      460 – 612 characters = 4 Messages
      613 – 765 characters = 5 Messages
      766 – 918 characters = 6 Messages


    Non-GSM (Unicode) characters:

      1 – 70 characters = 1 Message
      71 – 134 characters = 2 Messages
      135 – 201 characters = 3 Messages
      202 – 268 characters = 4 Messages
      269 – 335 characters = 5 Messages
      336 – 402 characters = 6 Messages


14. Voice Message Character Charges

    If a message is longer than 4 message parts, it will be truncated (see below). If a message contains any characters that aren’t in the GSM 03.38 character set, the message type will be treated as unicode. (https://en.wikipedia.org/wiki/GSM_03.38).

    Standard English Characters:

      1 – 300 characters = 1 Message
      301 – 600 characters = 2 Messages
      601 – 900 characters = 3 Messages
      901 – 1200 characters = 4 Messages


    Non-GSM (Unicode) characters:

      1 – 150 characters = 1 Message
      151 – 300 characters = 2 Messages
      301 – 450 characters = 3 Messages
      451 – 600 characters = 4 Messages


15. Pricing and Payment Terms

    Ang lahat ng mga presyo ng paghahatid ng mensahe ay napapailalim sa pagbabago anumang oras. Ikaw ang responsable sa anumang pagbabagong magaganap sa pagsingil ng tamang presyo ng Clicksend.

    15.1 Prepaid Accounts

      a) Payment in advance for Services can be made by a valid credit card accepted by ClickSend, unless other payment arrangements have been made between you and an authorized ClickSend representative. If ClickSend is for any reason unable to effect automatic payment via your credit card, you will be notified via email. All payments made to ClickSend are non-refundable, unless an account is terminated by ClickSend for a reason other than violation of the Anti-Spam Policy.

      b) In the event of a credit card chargeback for a transaction, an AUD $50 or equivalent admin fee will be recoverable from the Client. ClickSend may charge interest on the amount of the transaction from the chargeback date until the payment is recovered. The rate calculated is the rate charged by ClickSend’s principal bankers on unsecured overdrafts of $100,000.00 or less compounded monthly.

      c) The Client must pay ClickSend’s legal costs (on an indemnity basis) of enforcing any of ClickSend’s rights under this Agreement. The Client must also pay fees and expenses payable to any debt collection agency engaged by ClickSend to obtain or attempt to obtain payment of account due by the Client.

      d) ClickSend may terminate the Service Agreement if payment is not made within 14 days of the due date.

      e) Ang iyong balanse ay mawawalan ng bisa kung walang mensahe na maipapadala o hindi makakapagdagdag ng credit sa inyong Clicksend account sa loob ng 180 na araw.

    15.2 Postpaid Accounts

      a) The Client will pay the fees as agreed in the signed Service Agreement.

      b) ClickSend will invoice the Client on a monthly basis for the previous months’ use of the Product by the Client and any Customers.

      c) The Client must pay the invoice within the payment terms as agreed in the signed Service Agreement.

      d) ClickSend may charge a AUD$100 overdue fee plus interest on the amount of any invoice from the due date for payment until the date payment is made at the rate calculated as the rate charged by ClickSend’s principal bankers on unsecured overdrafts of $100,000.00 or less compounded monthly.

      e) The Client must pay ClickSend’s legal costs (on an indemnity basis) of enforcing any of ClickSend’s rights under this Agreement. The Client must also pay fees and expenses payable to any debt collection agency engaged by ClickSend to obtain or attempt to obtain payment of account due by the Client.

      f) ClickSend may terminate the Service Agreement if payment is not made within 14 days of the due date.

New Zealand

    New Zealand mobile industry guidelines – for setting up and running services compliantly

    It is recommended that providers of services in New Zealand familiarise themselves with the Mobile Messaging Services Code.

    The Mobile Messaging Services Code (Code) was endorsed by the TCF in December 2010. The Code sets out the rights and obligations of Content Providers, Aggregators and Telecommunications service Providers for the advertising, promotion and operation of all chargeable and non-chargeable Mobile Messaging Services in New Zealand.

    This Code came into effect on 14 March 2011, replacing the Mobile Premium Messaging Services Code.

    Key Points about the Code:

    • The Code provides the guidelines and standards for the best practice management of mobile messaging Services in New Zealand.
    • The new Code replaces the current Premium Messaging Services Code dated February 2008.
    • The Code is voluntary.

    ClickSend is not responsible for any potential variance, misinterpretation, inaccuracies, or inconsistencies which may appear on this page. We stress that the information contained here is for guidance only.

    New Zealand – other relevant regulatory documents:

    TCF – Mobile Messaging Code September 2014

    TCF – Code of Practice for Provision of Content via Mobile Phones

United States Of America (USA)

    Message and data rates may apply

Customer care contact details can be found here.

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