1 Blast SMS
1.1 Blast SMS will provide Blast SMS to You on the terms set out in this Agreement.
2.1 You agree to pay the charges for Blast SMS as set out in this Agreement, as amended from time to time.
2.2 Blast SMS will invoice You for the Charges on Your Account, which will be due and payable by the date shown in those accounts, except for the monthly access fee which will be payable in advance.
2.3 Blast SMS records are sufficient evidence of the amount payable unless shown to be incorrect.
2.4 Your Account relates only to Blast SMS and will be kept separate from any other account which You may hold with Blast SMS .
2.5 You will not receive any discounts which may apply to charges for any other product or service provided to You by Blast SMS.
3 Web Site Conditions of Use
3.1 Blast SMS grants You a licence to access and use the Web Site for the sole purpose of accessing and using Blast SMS , subject to the terms of this Agreement.
3.2 Only personnel authorised by You ("Authorised Personnel") may access and use Blast SMS .
3.3 You must take all reasonable steps to ensure that Your Access Information and the Access Information of Authorised Personnel is not disclosed to a third party or compromised in any way.
3.4 You must comply with, and ensure that Your Personnel comply with, Your obligations under this Agreement.
4 Customer's Obligations
4.1 You must provide all information and assistance as is reasonably required by Blast SMS in order to enable Blast SMS to meet its obligations under this Agreement.
4.2 You are responsible for obtaining and maintaining the telecommunications services necessary to access and use Blast SMS .
4.3 You must not do, or permit Your Personnel to do, anything reasonably likely to impair, interfere with or damage Blast SMS or its operation.
4.4 You must not and must ensure that Your Personnel do not:
(a) use Blast SMS for any illegal purpose in anyway contrary to any law, including Commonwealth, State and Territory legislation, voluntary or involuntary codes of conduct or industry codes, including those relating to gaming, advertising and privacy;
(b) tamper with, hinder the operation of or make unauthorised modifications to Blast SMS ;
(c) delete another's data from Blast SMS without permission;
(d) use Blast SMS to menace or harass any person or cause damage or injury to any person or property;
(e) represent (by act or omission) that Blast SMS created, endorses, has reviewed, or is in any way involved in the production of content sent by You using Blast SMS ;
(f) use Blast SMS to impersonate another person or entity; or
(g) send, in the form of an SMS or Other Message, a Marketing Message to any person unless:
(i) the recipient of the SMS or Other Message (as the case may be) has first consented to receiving the Marketing Message; and
(ii) the recipient is provided with a means to opt-out of receiving such a Marketing Message; and
(iii) the Marketing Message includes a clear identification within the Marketing Message of the source or originating entity of the Marketing Message to enable the recipient to determine who sent the Marketing Message.
(h) use the Service for a purpose that may be regarded by a reasonable person as offensive;
(i) use the service to infringe any third party rights, including Intellectual Property;
(j) use the Service in a way that may result in the misuse of a third party's confidential information;
(k) affect the availability of Blast SMS to other Blast SMS customers;
(l) use the Service in a way that results in a "virus", "worm", "trojan" or similar program being sent through Blast SMS from Your Equipment; or
(m) use, or facilitate the use of, the Service in any way for an Emergency Service Purpose.
4.5 You must report all Blast SMS problems to the Help Desk as soon as You become aware of such fault or problem. You must not attempt to rectify or permit any other person to attempt to rectify such fault. If You or a third party interferes with Blast SMS , with or without Blast SMS written approval, Blast SMS will not be liable for any damage to, or the costs and expenses of rectifying, Blast SMS .
4.6 You agree to allow Blast SMS to copy and paste logos, colour backgrounds and associated features of Your website, to the extent necessary to allow Blast SMS to customise Your Blast SMS web interface.
5 Third Party Software
5.1 You are solely responsible for obtaining, maintaining and using any Third Party Software used to access and/or use Blast SMS and ensuring that such Third Party Software and any person's use of that Third Party Software;
(a) is lawful;
(b) complies with the terms of this Agreement; and
(c) does not disrupt the proper functioning of Blast SMS
6 Blast SMS Obligations
6.1 You acknowledge that;
(a) the provision of Blast SMS by Blast SMS will not be continuous or fault free; and
(b) SMS may not be successfully terminated, or terminated in a timely manner, on an end-user's handset (including SMS sent to mobile phones with end users subscribed to international telecommunications carriers); and
(c) Other Messages sent for conversion into SMS for delivery to end users may not be so converted and delivered.
6.2 You agree that Blast SMS will not be liable for any loss or damage caused as a result of delays in the sending of SMS or a failure to terminate SMS for any reason.
7 Free Trial
7.1 You acknowledge that Blast SMS has offered you a Free Trial of Blast SMS with 10 free credits to be used in your country only.
8 Credit Management
8.1 Blast SMS may at any time review Your creditworthiness and You agree to:
(a) promptly co-operate with any creditworthiness review by providing Blast SMS with any creditworthiness information, authorisation or consent Blast SMS requires for the purposes of the review; and
(b) provide Security as directed by Blast SMS .
8.2 Blast SMS may as it deems necessary seek information or advice from third parties such as credit reporting agencies or credit providers to assist it to undertake to review under clause 8.1.
8.3 Blast SMS may call upon the Security provided by You to Blast SMS to pay unpaid amounts due under this Agreement if:
(a) You fail to pay an Invoice or other sum due under this Agreement by the date that payment of that Invoice or other sum is due; or
(b) if You become Insolvent.
8.4 Unless Blast SMS gives notice to the contrary, You must pay to Blast SMS on demand (whether demanded by way of invoice or otherwise) all Taxes imposed on or payable by or met by Blast SMS on or in respect of or in connection with any Security provided by You.
9.1 You must not disclose Blast SMS and Blast SMS must not disclose Your Confidential Information except:
(a) with Blast SMS or Your consent ( as the context requires);
(b) if disclosure is required by law or as required by the listing rules of any stock exchange where Your or Blast SMS securities are listed or quoted;
(c) if disclosure is in connection with legal proceedings relating to this Agreement.
9.2 A party who has received Confidential Information from the other under this Agreement must, on the request of the other party, deliver to that party within a reasonable time frame all documents or other materials containing or referring to that information which are in its possession, power or control or in the possession, power or control of person's who have received Confidential Information from it under clauses 9.1 (a) or 9.1(b).
9.3 You acknowledge that a breach of this clause 9 may cause Blast SMS irreparable damage for which monetary damages would not be an adequate remedy. Accordingly, in addition to other remedies that may be available, Blast SMS may seek and obtain injunctive relief against such a breach or threatened breach.
10.1 Notwithstanding any other provision of this Agreement, Customer must at all times comply with Privacy Laws in relation to Personal Information, whether or not Customer is an organisation bound by the Privacy Act. If Customer is a small business operator under the Privacy Act, then Customer agrees to choose to be treated as an organisation bound by the Privacy Act in accordance with Section 6EA of the Privacy Act during the term of this Agreement.
Use and Disclosure of Personal Information
10.2 Customer must:
(a) use Personal Information only for the purpose of fulfilling your obligations under this Agreement;
(b) not disclose Personal Information except:
(i) to an officer, employee of Customer to the extent necessary for the purpose of fulfilling Your obligations under this Agreement;
(ii) as required by law, subject to Customer notifying Blast SMS immediately if You become aware that such a disclosure may be required; or
(iii) with the prior consent of Blast SMS ; and
(c) ensure that any person to whom Personal Information Is disclosed under clause 10.2 (b) (i), does not do or omit to do anything which, if done or omitted to be done by Customer would constitute a breach of this clause 10;
(d) collect, store, use, disclose or otherwise deal with the Personal Information as directed by Blast SMS , except to the extent that compliance with the direction would cause Customer to breach a Privacy Law; and
(e) provide all assistance required by Blast SMS to assist Blast SMS in complying with its obligations under any Privacy Law.
Transborder Data Flows
10.3 Your must not transfer Personal information to a person (including Yourself) in a foreign country without Blast SMS prior written consent.
10.4 You acknowledge and accept that as part of Blast SMS , Blast SMS will provide information contained in the Application Form to third party providers of services to Blast SMS for the purpose of providing Blast SMS .
11.1 Blast SMS does not warrant that SMS messages will be successfully terminated or that any such termination will be fault free.
11.2 You warrant that:
(a) You are duly authorised and have obtained all necessary consents, licences, permits and approvals to receive Blast SMS and comply with Your obligations under this Agreement;
(b) You are not in breach of any undertaking, obligation or arrangement (whether written or otherwise) or in breach of any law in entering into this Agreement; and
(c) the use of Third Party Software in connection with Blast SMS does not breach any undertaking, obligation or arrangement (whether written or otherwise) or any law.
12.1 You indemnify, and will keep indemnified, Blast SMS and its Personnel from and against any liability, loss, damage, costs or expenses incurred or suffered by Blast SMS or its Personnel arising directly or indirectly from or in connection with:
(a) the storage, transmission, display, operation, failed operation or publication of messages by You, Your Personnel or Your customers;
(b) any breach of this Agreement by You;
(c) any penalty imposed under any applicable law, regulation, standard or voluntary or involuntary code of conduct or industry standard relating to Your performance of this Agreement;
(d) any act by omission of You or Your Personnel;
(e) access to or use or misuse of Blast SMS by You;
(f) access to or use or misuse of Third Party Software by any person in connection with the Service; and
(g) any use by, or facilitated by, You or Your Personnel of the Service to send or receive and SMS for an Emergency Service Purpose.
12.2 Each indemnity in this Agreement is a continuing obligation, separate and independent from the other obligations of the parties and survives termination of this Agreement.
12.3 It is not necessary for Blast SMS to incur expense or make payment before enforcing a right of indemnity conferred by this Agreement.
13.1 Except as expressly provided to the contrary in this Agreement and to the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the provision of Blast SMS or otherwise relating to this Agreement are excluded.
13.2 Where any Act of Parliament implies in this Agreement any term, and that Act voids or prohibits provisions under a contract which exclude or modify the operation of such term, such term is deemed to be included in this Agreement. However, Blast SMS liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at Blast SMS option):
(a) if the breach relates to services;
(i) the resupply of the services; or
(ii) the payment of the cost of resupplying the services;
(b) and if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
13.3 Except as required by the Trade Practices Act 1974 (Cth), Blast SMS is not liable in tort, contract, or otherwise for any loss of profits, income, data, goodwill, business or anticipated savings or any other direct, indirect or consequential loss or damage.
14 Term and Termination
14.1 This Agreement between You and Blast SMS will begin when Blast SMS notifies You that it has accepted your Application Form and will continue until Terminated under this clause 14.
14.2 Blast SMS may terminate this Agreement at any time by giving You 30 days written notice.
14.3 Blast SMS may terminate this Agreement at any time without notice and without incurring any liability or penalty if Blast SMS considers that You may be in breach of clause 4.4(a) or 4.4(m).
14.4 You may terminate this Agreement at anytime by giving Blast SMS written notice to:
Blast SMS Customer Service
Unit 1010, Miramar Tower, 132 Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong
+852 8199 9583
Such termination will be affective as soon as Blast SMS receives such written notice.
14.5 The termination of this Agreement for any reason will not prejudice any rights which have occurred to either party prior to the date of termination.
14.6 If this Agreement is terminated by You or Blast SMS , You must pay Blast SMS :
(a) all amounts invoiced by Blast SMS to You in accordance with this Agreement which have not been paid at the date this Agreement is terminated and any interest on those amounts; and
(b) a pro rata amount of the Monthly Access Fee You have chosen plus any charges for SMS sent in excess of the included SMS specified for that Monthly Access Fee (the value of included SMS also being calculated on a pro rata basis) at the rate specified for excess SMS for that monthly Access Fee.
14.7 Any expiration or termination of this Agreement does not affect:
(a) any rights of the parties which have accrued before the date of termination;
(b) the rights and obligations of the parties under clause 9 (Confidentiality) and clause 12 (Indemnity).
The following applies only if You are a non-body Corporate:
14.8 If You exercise Your right to terminate Your offer to enter into this Agreement within the cooling off period provided for the Application Form, the access and air time charges will not be refunded.
15 Suspension of Blast SMS
15.1 Without limiting any of Blast SMS other rights or remedies under this Agreement and otherwise, Blast SMS may suspend the provision of all or part of Blast SMS at any time:
(a) while payment of an invoice is overdue for a period of seven days after the service of a notice that the provision of Blast SMS to You will be suspended due to overdue payment;
(b) if You breach clause 4.4, clause 9 or clause 10;
(c) if You breach any term or condition of this Agreement other than clause 4.4, clause9 or clause 10 and fail to remedy that breach within a period of 14 days of Blast SMS notifying you of the breach and requiring rectification;
(d) if You become insolvent;
(e) if a Change Event occurs and suspension is necessary to ensure compliance with any notice, direction, declaration, order, directive judgement, code or standard the subject of the Change Event;
(f) in the event of an emergency or whenever Blast SMS considers it necessary or reasonable in order to safeguard provision of Blast SMS to emergency and other essential services.
15.2 If the provision of Blast SMS is suspended under clauses 14.1(a), (b), (c), or (d), then Blast SMS may:
(a) as a condition of removing the suspension, require You to pay all fees and charges outstanding under this Agreement in advance; or
(b) terminate this Agreement
16.1 Where GST is imposed on a supply made under this Agreement by Blast SMS to You, You must pay or provide the GST Exclusive Consideration for the supply and, in addition to and at the same time as the GST Exclusive Consideration is payable or to be provided for the supply, an additional amount calculated by multiplying the value of that GST Exclusive Consideration (without deduction or set-off) by the prevailing GST rate. This clause does not apply to a supply for which a GST inclusive consideration has been agreed unless the supply is made after a change to the GST rate has been affected and the agreed GST inclusive consideration has not had the GST rate change taken into account, in which case the consideration payable for the supply shall be calculated pursuant to this clause.
16.2 Blast SMS will provide a Tax Invoice to You
16.3 If the amount of GST recovered by Blast SMS from You differs from the amount of GST payable at law by Blast SMS (or an entity grouped with Blast SMS for GST purposes) in respect of the supply, the amount payable by You to Blast SMS will be adjusted accordingly.
16.4 Where, under the terms of this Agreement, one party is required to indemnify another, the amount by which the indemnifying party indemnifies the other party does not include any amount for which the indemnified party (or an entity grouped with the indemnified party for GST purposes) has claimed, or is entitled to claim, an input tax credit under the GST Act.
17.1 You must not assign any of Your rights of obligations under this Agreement unless Blast SMS gives You prior written consent.
17.2 Blast SMS s may novate, or assign any or all of its rights and obligations under, this Agreement without your consent.
17.3 Subject to clause 2.1, Blast SMS may vary the terms of this Agreement at any time upon 30 days notice to you. If you do not wish to accept the proposed amendments, You may terminate this Agreement by giving Blast SMS at least 14 days written notice before the proposed amendment would come into effect.
17.4 You may not vary the terms of this Agreement without Blast SMS written consent.
17.5 Waiver of a breach of this Agreement, or of any rights created by or arising upon default under this Agreement can only be affected in writing and must be signed by the party granting waiver.
17.6 A breach of this Agreement is not waived by a failure to exercise, a delay in exercising, or a partial exercise of, any remedy available under this Agreement or in law or equity.
17.7 This Agreement constitutes the entire agreement between You and Blast SMS in respect of Blast SMS .
17.8 Despite any other provision of this agreement, no party need act if it is impossible to act due to any cause beyond its control (including war, riot, natural disaster, labour dispute, or law taking effect after the date of this agreement). This clause 17.8 does not excuse a party from a failure to pay any money which it is obliged to pay.
Survival of Clauses
17.9 The obligations of confidentiality under clause 9, the relevant payment and security obligations under clauses 2 and 8 and the indemnities in clause 12 survive the expiration or termination of this Agreement for any reason.
17.10 Blast SMS may subcontract any of its obligations under this Agreement to a third party without notice to You and without Your consent.
17.11 Except as otherwise set out in this Agreement, all notices or communications, including permission or consents given pursuant to this Agreement by one party to the other:
(a) must be in writing;
(b) must be marked for the attention of Blast SMS Customer Service; and
(c) must be left at the address of, sent by prepaid ordinary post (airmail if posted to or form a place outside Hong Kong):
Unit 1010, Miramar Tower, 132 Nathan Road, Tsim Sha Tsui, Kowloon, Hong Kong
+852 8199 9583
17.12 If either party notifies the other of a different postal address or facsimile number then notices, approvals, and consents must be sent to that address or facsimile number.
17.13 A notice, approval or consent takes effect from the time it is received unless a later time is specified on it.
17.14 A letter or facsimile is taken to be received:
(a) in the case of a posted letter, on the third (seventh if posted to or from a place outside Hong Kong) day after posting; and
(b) in the case of a facsimile, on production of a transmission report by the machine from which the facsimile was sent which indicates that the facsimile was sent in its entirety to the facsimile number of the recipient, except where the facsimile is sent after 5pm or on a non-Business Day, in which case that facsimile will be deemed to be received at 9am on the next Business Day.
17.15 Blast SMS may notify (and is taken to have notified) You of Scheduled Outages or an event which falls within clause 17.8 by making a notice available to You. You acknowledge that Blast SMS notifications of Scheduled Outages are made to all of Blast SMS customers and that it is the responsibility of You to determine whether a Scheduled Outage will affect You.
17.16 This Agreement is governed by the law in force in New South Wales.
17.17 Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for determining any dispute concerning this Agreement or the transactions contemplated by this Agreement. Each party waives any right it has to object to an action being brought in those courts including claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.
18 Definitions and interpretation
18.1 In this Agreement the following words have these meanings.
Access information means the password and username which Blast SMS allocates to You and/or Your Personnel for the purpose of accessing Blast SMS via the Web site.
Account means Your numbered account with Blast SMS for Blast SMS .
Agreement means this agreement for the provision of Blast SMS to You from Blast SMS . The terms of this Agreement consist of the terms set out in this document and in the Application Form.
Application Form means the Blast SMS application form which You must fax to Blast SMS to apply to use Blast SMS .
Body Corporate means an entity that is a Body Corporate (as that term is defined in the Corporations Act 2001 (Cth) (including companies and incorporated associations).
Business Day means any day (except Saturday or Sunday) on which financial institutions are open for business in the Sydney metropolitan area.
CDMA means code division multiple access which uses unique digital codes rather than separate frequencies or channels to differentiate subscribers. All users share the same range of radio frequency.
Change Event means:
(a) the issue of a Competition Notice by the ACCC in respect of a party to this Agreement;
(b) the grant of an injunction against Blast SMS in relation to a breach or alleged contravention of the Trade Practices Act 1974 (Cth);
(c) the giving of a lawful directive to Blast SMS by a regulator;
(d) the giving of a direction to Blast SMS by a Minister of State or Federal Parliament; or
(e) the introduction if any industry code or standard or other code of practice, whether registered or otherwise, with which Blast SMS is obliged to or choosers to comply.
Charges means the charges for Blast SMS , as amended from time to time.
Confidential information means all confidential, non-public or proprietary information exchanged between You and Blast SMS before, on or after the date Blast SMS notifies You it has accepted Your Application Form relating to the business, technology or other affairs of the provider of the information but excludes information:
(a) which is in or becomes part of the public domain other than through breach of this agreement or an obligation of confidence owed to the provider;
(b) which a party can prove by contemporaneous written documentation was already known to it at the time of disclosure by the disclosing party (other than if such knowledge arose from disclosure of confidential information in breach of an obligation of confidentiality); or
(c) which the recipient acquires from a third party entitled to disclose it.
Blast SMS means the service whereby You can use a customised user interface to an external web site or application software created by Blast SMS to send SMS messages to the SMS compatible mobile phone handsets of end-users over the GSM network.
Corporate Law means the Corporations Act 2001 (Cth).
Creditworthiness information means, but is not limited to:
(a) Your credit rating;
(b) if Your accounts are audited, a copy of Your most recent published audited balance sheet and published audited profit and loss statement (together with any notes attached to or intended to be read with such balance sheet or profit and loss statement);
(c) a copy of Your audited or unaudited balance sheet and audited or unaudited profit and loss statement (together with any notes attached to or intended to be read with such balance sheet or profit and loss statement) which relate to the period which has elapsed since the end of the period to which each of the documents referred to in sub-paragraph (b) relates;
(d) if Your accounts are unaudited, a copy of Your most recent balance sheet and profit and loss statement (together with any notes attached to or intended to be read with such balance sheet or profit and statement);
(e) a letter, signed by the company secretary or duly authorised officer or You, stating that You is not insolvent and not under any external administration (as defined in the Corporations Law) or under any similar form of administration under any laws applicable to it in any jurisdiction;
(f) a declaration of solvency (in the form prescribed by law for the purposes of a voluntary winding up) from the directors of You approved at a valid meeting of the directors of You;
(g) a credit report in respect of You or any of its principals from any credit reporting agency, credit provider or other independent party; and
(h) any other information reasonably required by Blast SMS .
Emergency Service Purpose means the purpose of providing any warning or notification about a serious risk to the safety of persons or property.
Equipment means the equipment and software used by you to connect to, access or use Blast SMS .
GSM means the Global System for Mobile Communications.
GST means the tax imposed by the GST Act and the related imposition Acts of the Commonwealth.
GST Act means the A New Tax System (Goods and Services Tax) Act 1999, as amended from time to time.
GST Exclusive Consideration means any consideration payable under this Agreement that either does not include an amount referable to GST or, if the consideration is inclusive of GST, is that consideration excluding the amount referable to GST using the rate of GST in force at the time the parties agreed on the consideration.
Help Desk means a service established and operated by or on behalf of Blast SMS that enables You to obtain instructions or advice over the telephone, in relation to Blast SMS .
Insolvent means being an insolvent under administration or insolvency (each as defined in the Corporations Law) or having a controller (as defined in the Corporations Law) appointed, or being in receivership, in receivership and management, in liquidation, in provisional liquidation, under administration, wound up, subject to any arrangement assignment or composition, protected from creditors under any statute, dissolved (other that to carry out a reconstruction while solvent) or being otherwise unable to pay debts when they fall due or, in the case of a natural person, being bankrupt or being the subject of bankruptcy proceedings, or having something with the same or a similar effect happen under the laws of any jurisdiction.
Intellectual Property means all rights in relation to patents, copyright, registered designs, registered trade marks, trade secrets, know-how and confidential information and all other intellectual property as defined in article 2 of the Convention establishing the World Intellectual Property Organisation of July 1967, including any right to register those rights, whether created before or after the date of this Agreement, whether existing in Hong Kong or any other country and in all cases for the duration of those rights.
Invoice means an invoice sent to You setting out Charges payable by You under this Agreement.
Marketing Message means an SMS message or Other Message that is designed to promote the sale of or demand for goods or services.
Monthly Access Fee means the monthly access fee for Blast SMS , as amended from time to time.
Month means a calendar month and Monthly means per calendar month.
Non-Body Corporate means a person or entity that is not a Body Corporate (including an individual, partnership or sole trader).
Other Message means a message in any format, for example, email, which is or is intended to be converted into an SMS message for delivery by means of Blast SMS .
Personal Information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, which is received by Customer from any sources as a consequence or the performance of its rights and obligations under this Agreement.
Personnel includes officers, employees, contractors, consultants, representatives, agents, legal advisers and accountants.
Principals means any of Your owners, directors or company secretary.
Principal Act means the Privacy Act 1988 (Cth).
Privacy Laws means the Privacy Act and any other legislation, principles, industry codes and policies relating to the collection, use, disclosure, storage or granting of access rights to Personal Information.
Scheduled Outage means those occasions when Blast SMS performs scheduled maintenance, upgrades or repairs to Blast SMS and consequently all or part of Blast SMS is not available.
Security means an unconditional bank guarantee in favour of Blast SMS from an Hong Kong licensed bank, payable in Euro, on demand or other security as agreed between You and Blast SMS in a form approved by Blast SMS and includes any increase to existing security.
SMS means a short message service provided by Blast SMS whereby You and others can send alphanumeric messages of up to 160 characters.
Tax Invoice has the same meaning as in the GST Act.
Web Site means the web site through which You many access and use Blast SMS at the URL address notified by Blast SMS from time to time.
You means the Body Corporate or Non-Body Corporate identified as the Customer in the Application Form and "Your" has a corresponding meaning.
18.2 In this Agreement unless the contrary intention appears:
(a) a reference to this Agreement or another instrument includes any variation or replacement of either of them;
(b) a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(c) the word "person" includes a firm, a body corporate, an unincorporated association or an authority;
(d) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day; and singular includes the plural and vice versa;
(e) the words "include", "including", "for example", or "such as" are not used as, nor are they to be interpreted as, words of limitation, and, when introducing an example, do not limit the meaning of the words to which the example relates to that example or examples of that kind.