The YouTXT.com and YouTXT.com.au web sites ("Site") and services ("Services”) is owned and operated by Race River Corporation Pty Ltd (“Race River”) referred to hereafter as (“YouTXT”).

Joining the Service is conditional upon acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, referred to hereafter collectively as the 'Terms and Conditions' (“Terms”).

By submitting the sign up form on the site and creating an account to join the service or using any of the services available on or through the youtxt site, you are indicating your agreement to be bound by all the terms and conditions on this site.

If you do not agree to our Terms, you must immediately terminate your YouTXT account. Please contact our support team for cancellation of your account.

This Site is provided for the personal use to YouTXT members subject to these Terms and all modifications thereto and any other rules or guidelines that may be published from time to time on this Site. YouTXT reserves the right to modify the Site from time to time, for any reason, and without notice, including the right to terminate the Services. You should check these Terms and Conditions periodically for changes and updates. The date of the current version of these Terms and Conditions is mentioned above and your use of the Site and access to YouTXT following any modifications to these Terms shall be deemed to be your agreement to any such modifications.

As part of joining YouTXT you may receive Email (“Email Message”) and Mobile Phone SMS text Message (“Mobile Message”) communications from YouTXT. These messages will always appear to come from YouTXT and are considered to include the following:

An Email Message is considered to be:

• Account Activation Email
• Promotional Emails
• Emails sent for research or survey
• Any other email sent from YouTXT to you

A Mobile Phone Message is considered to be:

• Account Activation Message
• SMS Text Message
• SMS Coupon

1.1 The Service allows you to access SMS messaging services for sending and receiving text messages that originate from the Site and any other services that are introduced from time to time. The Service is provided to you at no charge, however we do not cover the cost of:

• your equipment and access charges associated with connecting to internet; and
• your mobile phone including any access fees charged by your mobile telephone service provider.

2.1 You agree not to take any action that may, in our reasonable opinion, adversely affect or impair any of our rights, title and interests in the Software, Service or any of our Intellectual Property Rights in any manner or form;

• to use the Service for sending SMS which comply with all applicable laws, regulations and the requirements of any government or statutory body and all reasonable industry and Race River policies, standards and codes. Contains nothing which is likely in the light of generally prevailing standards of decency and propriety to cause offence or racially or religiously vilifies, incites violence or hatred or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation or any other physical or mental disability; and
• not to repackage, market, license, lend, rent, distribute, transfer or otherwise commercially exploit the Software and Service or translate or export the Software into any other computer languages;
• not to merge all or any part of the Software with other computer programs, products or services without our prior written consent;
• not to reverse assemble, engineer or reverse compile or directly or indirectly allow a third party to reverse assemble, engineer or reverse compile the Software or attempt to discover any portion of the source code or trade secrets related to the Software, except as and to the extent that you are legally authorised to do so under any applicable laws;
• to notify us immediately if you become aware of any unauthorised use by any person of the whole or any part of the Software or Service;
• to indemnify us for any loss, cost or damage we incur as a result of your failure to comply with your obligations under this agreement;
• You will not create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
• comply with the Terms and agree to receive occasional Email and SMS Messages from YouTXT.

3.1 Members may be awarded SMS credits or credit points (“Points” or “YouTXT Points”) for participating in certain activities such as completing surveys, reading and responding to promotional emails and other methods as notified from time to time on the Site.

3.2 YouTXT Points are converted to SMS credits for sending SMS originating from the Site and other benefits as notified from time to time on the site. YouTXT Points have no value outside of the YouTXT system and are not redeemable for cash or transferrable to other members.

3.3 The conversion rate of YouTXT points to SMS credit may change from time to time without notice.

4.1 To join YouTXT you must agree to receive Email and SMS Messages from YouTXT. The email send to you from time to time may include system updates and administrative announcements etc. and may contain advertisement from our Sponsors.

4.2 As a condition of your membership, you represent and warrant that all the information supplied by you is complete, true and accurate and you are at least 15 years or older.

4.3 You understand and agree that if you breach the Terms and Condition of this agreement, YouTXT may terminate your account and any accrued Points will be forfeited. Interpretation of what constitutes a breach of this agreement shall be at the sole discretion of YouTXT.

4.4 YouTXT uses a double opt-in system that requires you to respond to a registration email and confirm your mobile phone number. Once you have confirmed your email, you will be logged in to your YouTXT account to confirm your mobile phone number. You will receive the required confirmation code via SMS to fully activate your account. If you do not confirm your email and mobile phone number, you will not receive any SMS credit or YouTXT Points.

4.5 You understand and agree that YouTXT will not be responsible to you or any governing body for any taxes or the loss of any benefits as a result of being issued SMS credits or YouTXT points.

4.6 You agree that you are not entitle to more than one account on the Site and understand that a limit of maximum 3 memberships applies to one postal address.

4.7 You must maintain correct and up to date personal information and inform YouTXT of any change in your details, including email address and street address. Contact details must be updated using the secure facility provided by logging in to your account on the Site.

4.8 You will not send unsolicited email or SMS (SPAM) to promote the YouTXT Service.

4.9 You will keep the log in details of your account (username and password) secure and will not allow other people to access your account. You are responsible to immediately notify YouTXT if you suspect a security breach of your account.

4.10 The Service is for personal use only and you agree not to send unsolicited or commercial messages. You have the consent from the recipient before sending any SMS or email messages from the Site.

4.11 You will not use any automated means including scripts, spiders, robots, bots, crawlers or the like for collecting SMS credits or YouTXT Points or with any other activity on the Site.

4.12 YouTXT may reject any membership application at any time from any person with or without cause at its sole discretion. YouTXT reserves the right to terminate the Service or a Member's account for any reason and without any notice.

5.1 As a part of the Site and the Service you may be presented with promotions, advertisements and offers provided by our Sponsors (“Sponsors”). These are commercial advertising materials and are paid for by the Sponsors and do not represent an endorsement or recommendation by YouTXT directors or employees or its affiliates. Your dealings with any of our Sponsors and as a result of their marketing, including any purchase, the payment for goods and services, delivery and packaging of the product and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Sponsor or the advertiser. You agree that YouTXT will not be held responsible or liable for any part of any such dealings or promotions.

6.1 The commercial advertising materials and promotions sent by YouTXT may contain links to other websites and this website may be linked to other websites that are not under the control of and are not maintained by Race River Corporation Pty Ltd and it's subsidiaries. Race River is not responsible for the availability or content of those sites, their advertising, products, or other materials on or available from such sites or resources. Race River and it's subsidiaries provides these links as a convenience, and such provision does not imply endorsement by Race River of those sites. Race River Corporation Pty Ltd and it's subsidiaries are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

7.1 The information collected and used by this Site is governed by the YouTXT Privacy Policy.

8.1 To the extent permitted by law, all warranties, conditions and representations about the Service and the Site, the availability of the Service, the products and services advertised and offered to be supplied or supplied via the Site and the information provided on the Service are excluded. In particular, to that extent, YouTXT excludes any warranty that the Service will be uninterrupted or error-free or the defects will be corrected, are free of viruses or other harmful components, that the use or results of the use of the Service, or that the materials made available as part of the Service, will be correct, accurate, timely or otherwise reliable. If a term is implied by law into these Terms and that the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms. The liability of Race River Corporation Pty Ltd and it's subsidiaries for breach of such term will be limited, at its option, to one or more of the following:

1. in relation to goods:
   1. the replacement of the goods or the supply of equivalent goods,
   2. the repair or the cost of repairing of such goods,
   3. the payment of the cost of the goods,
2. in relation to services:
   1. the supply of the services again,
   2. the payment of the cost of having the services supplied again.

8.2 To the extent permitted by law, our liability to you for any loss or damage, whether arising in contract, negligence or otherwise shall not exceed the total amount we actually received from you with respect to the goods or Service. The liability of each party in contract, tort, negligence, under statute or otherwise must be reduced by the extent, if any, to which the other party contributed to the loss.

9.1 To the extent permitted by law, YouTXT, its parents, subsidiaries, affiliates, officers and employees shall not be liable in any event (whether in contract, tort or otherwise) for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits, loss or corruption of data, loss of anticipated savings, loss of goodwill or economic loss even if we have been advised of the possibility of such loss or damage.

9.2 YouTXT shall not be obliged to issue any SMS credits or YouTXT Points that relates to, or arises out of misuse of the Site or to any person who has supplied false or misleading information.

10.1 You indemnify Race River and it's subsidiaries, affiliates and employees, harmless from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to the use of the Site and information or content published on the Site.

11.1 You acknowledge that the Software and all its related documentation, trademarks, branding, know-how, get-up, logos, images and marketing material (whether registered or unregistered) are commercially valuable, proprietary product and reflects the effort of skilled development experts and the investment of considerable time and resources and is subject to copyright and other Intellectual Property Rights. Race River is the owner or authorised licensee of all rights, title and interests in and to the Software and except as otherwise specifically granted under these terms and conditions, you obtain no right, title or interest in or to the Software.

12.1 This Agreement is made under and will be governed by and construed in accordance with the laws of Queensland, Australia (except that body of law controlling conflicts of law).