Last updated 01 January 2015. You may wish to print this page for reference purposes.
This page sets out the full terms and conditions of use of the PushTowers.com websites, mobile sites, any downloadable applications (apps) and any other PushTowers.com platform and/or technology whether known now or created in the future (\'the Sites\'). In these terms and conditions "you" are the user of the Sites and can be a person, a corporate entity or other entity incorporated or otherwise including, but not limited to, an association. This definition includes a reference to "your".
Your use, user registration and/or subscription to one or more of the Sites constitutes your agreement to these terms and conditions ("Agreement").
This Agreement is between you and the PushTowers.com PTY LTD (ABN:28638535074), of 316/125 Oxford St, Bondi Junction, NSW, Australia, 2022.
PushTowers.com PTY LTD (ABN:28638535074) may modify the agreement at any time without providing notice to you. Your con- tinued use of the Sites after such a modification constitutes your acceptance of any such modification. For this reason we provide a link to the Terms of Use at the bottom of every page and you should check them each time you visit and for any changes, as you are deemed to be bound if you use the Sites.
There are four parts to these terms and conditions.
Provided that you fully comply with this Agreement, PushTowers.com grants you a non-exclusive, non-trans- ferable, limited right to access and use to one or more of the Sites and the materials provided. You agree not to interrupt, or attempt to interrupt, the operation of the Sites in any way.
PLEASE NOTE: You must not share this service with any other person or organisation. Institutional subscrip- tions for schools, libraries businesses and other multiple-user access to the premium or member part of the Sites are available on request. Email the PushTowers.com Customer Services Team connect@pushtowers.com for more information.
As part of the registration process, you will select a password. If the PushTowers.com Customer Services Team set up your access, you must immediately change the generic password used for that purpose on your next log in. You must take care to keep your password confidential, do not write it down or store it electronically where it can be discovered and do not disclose it to anyone.
PLEASE NOTE: You could be liable if an unauthorised person gains access to any of the Sites and breaches any part of the Agreement with your log in details.
In addition to any other rights of the parties, either you or PushTowers.com PTY LTD (ABN:28638535074) may cancel or termi- nate this Agreement at any time.
PAYG services for the Sites are billed on a recurring basis. See www.PushTowers.com/worth for a full list of our process regarding refunds. PushTowers.com PTY LTD (ABN:28638535074) also reserves the right to restrict, suspend or ter- minate your access to PAYG services of the Sites in whole or in part, without notice, with respect to any breach or threatened breach by you of any part of this Agreement.
We are committed to the protection of your privacy and we abide by Australia\'s National Privacy Principles (as amended and revised). See www.privacy.gov.au for details of the principles. We never sell, publish or disseminate mailing lists to third parties. See our Privacy Policy www.PushTowers.com/privacy or contact us at the email address below and we will send you a copy.
If you wish to use any PushTowers.com push messaging, analytics, +Features, products or equivalent mate- rials including trade marks and other PushTowers.com PTY LTD (ABN:28638535074) intellectual property ("the Materials"), in whole or part, you must obtain our written permission before doing so.
Use without written permission is forbidden. Failure to seek permission will be dealt with to the full ex- tent of the law. Scraping any of the Sites is forbidden as is any reproduction of any content without per- mission.
Our materials are protected in Australia and internationally by the law of copyright, moral rights, trade mark, equity, trade practices, and other laws and principles such as the Competition and Consumer Act 2010. We reserve the right to take legal action to prevent any unauthorised use or reproduction of our materials, in whole or part, for any purpose including but not limited to advertising, copyright works, trade marks, logos and any commercial purpose use. Please report any breach of this Agreement to App- Camel.com PTY LTD at the above address.
PushTowers.com PTY LTD (ABN:28638535074) owns all material presented on the Sites. Except to the extent necessary for you to download any material on the Sites for your own personal use, reproduction (including by electronic means) of the Sites, PushTowers.com in whole or in part, is forbidden without prior written permission and is never permitted for commercial purposes. Address requests to the PushTowers.com PTY LTD (ABN:28638535074) Customer Services Team using contact details provided in these terms.
All text and artistic works and compilations of information are the subject of Australian and International copyright © Australian Consumers\' Association 1998-2014.. All rights reserved.
Links within the Sites are provided for your information. PushTowers.com PTY does not endorse, and has not necessarily verified any of the information available with any link found within the Sites.
We welcome links from other sites to the Sites but not if you also use our intellectual property at the same time with or without permission. However, as noted elsewhere, the name PushTowers.com and Push- Towers.com is registered and the copyright for the Sites is owned by PushTowers.com PTY LTD (ABN:28638535074).
You may not copy or use any of the graphics (or other elements) from the Sites within another site — any link to us should be provided as a text link.
You may not link to the Sites within a frame in your site. PushTowers.com PTY LTD (ABN:28638535074) will take all steps available to it to prevent links to the Sites, which fall outside these requirements.
The following terms relate to any and all communications including material, contributions, transactions, content and/or public communications and comments ("Communications") sent by You using the PushTow- ers.com Mobile App Analytics, Mobile App content changes and Push Notification web platform.
PushTowers.com PTY LTD (ABN:28638535074) strongly recommends that only appointed marketing managers or those elected by them use the PushTowers.com Mobile App Analytics, Mobile App content changes and push notification platform. Full responsibility is taken by the Members of PushTowers.com and the Owner of the Multi-Plat- fom Mobile Application/s connected to such Membership, of any and all use of each and every service pro- vided in the PushTowers.com. Please consider others when creating content and sending push notifica- tions.
PushTowers.com PTY LTD (ABN:28638535074) may, in its absolute discretion at any time, without cause and without notice to you or any third party, remove Membership from the Sites. The removal of said Membership is not an ad- mission that any one or more of the Communications are inappropriate, nor is it an admission of any liabil- ity by PushTowers.com PTY LTD (ABN:28638535074).
PushTowers.com PTY LTD (ABN:28638535074) will, if it considers it appropriate and in its absolute discretion, remove Member- ship and/or any other material within its control if it considers any one or more Communications and/or material is:
You are solely responsible for the content of any and all Communications you send to users of your Multi- Platform Mobile Application. The Developers “PushTowers.com PTY LTD (ABN:28638535074)” are not responsible in any form or manner. All such Communications are public, unless otherwise indicated. You must not include Communi- cations, which may:
You acknowledge and agree that, unless otherwise indicated, any and all Communications are public. You acknowledge that you have no expectation of privacy in any public Communications you send using the PushTowers.com.
You acknowledge and agree not to scrape information from the Sites on which and all Communications are conducted.
You grant to PushTowers.com PTY LTD (ABN:28638535074) a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free licence to use, copy, license, distribute, display, reproduce, transmit, modify, edit and other- wise exploit any public Communications you send to Users of your Multi-Platform Mobile Application using the PushTowers.com site on which any and all Communications are conducted in all media whether now known or later developed.
You indemnify PushTowers.com PTY LTD (ABN:28638535074) for all loss it suffers because of any and all Communications you send to Users of your Multi-Platform Mobile Application on which Communications are conducted including any loss PushTowers.com PTY LTD (ABN:28638535074) suffers because of making the content of your Communications available to third parties.
PushTowers.com PTY LTD (ABN:28638535074) may at any time, in its absolute discretion and without notification, edit or re- move any one or more of the Communications from the Sites on which communications are conducted in- cluding material and/or public Communications you have transmitted to Users of your Multi-Platform Mo- bile Application on which Communications are conducted. PushTowers.com PTY LTD (ABN:28638535074) is under no obligation to make any Communications sent to Users of your Multi-Platform Mobile Application. PushTowers.com PTY LTD (ABN:28638535074) has no liability for any consequences of its reliance on its rights under this paragraph.
To the extent permissible by the laws of Australia, PushTowers.com PTY LTD (ABN:28638535074) disclaims all liability in relation to your use of the Sites on which any and all Communications are sent to Users of your Multi-Platform Mo- bile Application.
PushTowers.com PTY LTD (ABN:28638535074) will, in its absolute discretion, permanently remove any and all relevant Commu- nications if PushTowers.com PTY LTD (ABN:28638535074) considers it appropriate to do so. While PushTowers.com aims to dili- gently act on any complaint, PushTowers.com PTY LTD (ABN:28638535074) cannot guarantee that any complaint will be acted on within any specific time period. PushTowers.com PTY LTD (ABN:28638535074) will not act on any complaint which App- Camel.com PTY LTD deems, in its discretion, to be vexatious, or which appears to be vexatious. If you do not include your name and contact details in the complaint, we reserve the right to conclude and may treat the complaint as vexatious.
However, please be aware that, PushTowers.com PTY LTD (ABN:28638535074) does not have the resources to control, review or vet your or other contributor’s Communications and, accordingly, it does not control, review or systemati- cally vet any of the content of any Communications sent from the PushTowers.com. PushTowers.com PTY LTD (ABN:28638535074) neither takes responsibility for, nor endorses or necessarily agrees with your Communications and/or the Communications of any third party including members of the PushTowers.com. If you consider that any comment is inappropriate, unsuitable or breaches any term or condition of the Agreement, please report to the PushTowers.com Customer Service Team - connect@pushtowers.com and provide the following details:
PushTowers.com PTY LTD (ABN:28638535074) receives any and all complaints seriously. On receipt of any such complaint, App- Camel.com PTY LTD will in its absolute discretion temporarily remove any and all relevant Communication and Membership will be suspended while it/they is/are reviewed by PushTowers.com PTY LTD (ABN:28638535074).
For the purposes of all sales transacted on the Sites on which transactions are conducted, the seller is:
Registered business address: 316/125 Oxford St Bondi Junction 2022, AUSTRALIA
Phone: 1300 277226
ACN: 155702015
All prices are in US dollars. If you require a currency converter, click here.
Please note that PushTowers.com PTY LTD (ABN:28638535074) may change prices of PAYG services, to take effect in the next billing cycle. Please check for any prices increases before a new billing cycle. We will notify you in ad- vance of any pricing changes to PAYG services.
Under Australia\'s Competition and Consumer Act 2010 and related state and territory laws, you have remedies available to you. If you consider something you have purchased from the Sites are not of the standard you expected given its price, and the way it was described, then there you may be entitled to a refund. Please see our cancellation, refunds & returns policy.
Please direct any complaints in the first instance to:
PushTowers.com PTY LTD (ABN:28638535074) Customer Services Team
Email: connect@pushtowers.com
PushTowers.com PTY LTD (ABN:28638535074) does not belong to any independent dispute resolution programs. If you feel your complaint has not been handled adequately by us you should refer to your home state or territory De- partment of Consumer Affairs and Fair Trading.
PAYG service to the Sites are billable on a monthly recurring basis. See Worth Page for details of our PAYG services . www.PushTowers.com/worth and below.
(first 1000 App Citizens)
(0 - 5000 App Citizens)
(5001 - 10000 App Citizens)
(10001 - 25000 App Citizens)
(25001 - 50000 App Citizens)
(50001 - 75001 App Citizens)
(75001 - 100000 App Citizens)
All billing is handled by a third party representative of PushTowers.com PTY LTD (ABN:28638535074) choosing, always on a 256- bit encrypted service.
To ensure continued access to PushTowers.com PAYG services credit cards and direct debits will be pro- cessed on the day of the monthly billing cycle.
When renewal notices are sent out (if applicable) most, but not all, of the numbers on your credit card will be masked. The credit card details are not held by PushTowers.com PTY LTD (ABN:28638535074) but are stored securely by our bank. This is to ensure your details are secure and the masking of the details is consistent with a worldwide payment card industry data security standard.
While PushTowers.com PTY LTD (ABN:28638535074) continues to make efforts to ensure credit card details for our members are up to date through regular emails and on-screen notifications, under the payment card industry guidelines (PCI), recurring payments, such as monthly billing cycles, can still be processed on supplied credit cards beyond the expiry date, so long as the credit card number remains valid. The only way a recurring pay- ment can be stopped is by cancelling the membership or by cancelling the credit card.
In some cases the issuing bank (i.e. the bank attached to your credit card) may prevent or reject the pay- ment from being processed, but this would be based on the bank\'s own individual terms and conditions. You should contact your bank in this instance.
To enquire about a return or refund, please email the PushTowers.com PTY LTD (ABN:28638535074) Customer Services
If you wish to stop any PAYG services, you may do so at any time accessing the PAYG section in your ac count on the PushTowers.com, any changes will take effect immediately.
PAYG services are billed on a recurring basis. You are in full control to turn off all PAYG services and use the PushTowers.com basic services free at any time.
All details, including credit card information, submitted through the Sites pass through our third party fast springs secure server, which offers 256-bit encryption.
Creating a Membership account and using the PushTowers.com for the free trial period the Owner of the Multi-Platform Mobile Application accepts and agrees that due to the nature and technical engineering required to use any Push Notification Platform and server side access to content delivered to the client side Mobile Application, this can only be done by using the PushTowers.com.
Creating a Membership account and using the PushTowers.com for the Free trial period the Owner of the Multi-Platform Mobile Application accepts and agrees that any PAYG services still in use will be billed at the Members Tier level and be payable at the end of each month billing cycle.
All Members at any time can choose to turn off any PAYG services and will be granted of all free PushTow- ers.com service only. This Service does not give access to all features and services provided by the Push- Towers.com. Creating a Membership account and using the PushTowers.com for the Free trial period the Owner of the Multi-Platform Mobile Application accepts and agrees that they are fully aware of the PAYG fees found a www.PushTowers.com/worth
Creating a Membership account and using the PushTowers.com for the Owner of the Multi-Platform Mobile Application accepts and agrees that PushTowers.com, although strive to provide the best possible service of sending push notifications and push notifications to specific data derived users, that 100% correct de- livery can not be guaranteed and may be out of the control of PushTowers.com, PushTowers.com, as other 3rd party companies and services are involved (ie device platform Apple, Google, Mircosoft, internet providers, 3rd party servers and data providers)
We act as a limited agent to each owner of a PushTowers.com PTY LTD (ABN:28638535074) developed Multi-Platform Mobile Ap- plication only for the purpose of providing a simple way to add communication and location based func- tionality to their and mobile applications. Multi-Platform Mobile Application Owners and the owners per- mitted administration users that use the PushTowers.com, platform may use information that has been gathered by us or third party providers through their mobile applications to create location based applica- tions to provide their users with the most relevant and timely information and services. For example, the information PushTowers.com, collects includes the approximate geolocation of a mobile device, non iden- tifiable information about your device and mobile device ID.
PushTowers.com PTY LTD (ABN:28638535074) does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you\'ve requested, when we have your permission, or under the following circumstances: (1) we provide the information to trusted partners who work on behalf of or with PushTowers.com PTY LTD (ABN:28638535074) under confidentiality agreements to provide services on our behalf; (2) we respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; (3) we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving po- tential threats to the physical safety of any person, violations of our terms of use, or as otherwise re- quired by law; or (4) we transfer information about you if we are acquired by or merged with another company.
PushTowers.com PTY may also create aggregate data about users of the PushTowers.com platform for prod- uct development, improvement activities, and for market analysis. We may provide information in aggre- gate or de-identified form, with identifying information removed, to third parties. For example, we may tell a partner what percentage of users is located in a particular geographical area.
You have the ability to stop and start sharing of your information with PushTowers.com PTY LTD (ABN:28638535074) and Push- Towers.com at any time. To do so, use the application settings provided to you by the device you use.
(b) Location Data. Users of your Multi-Platform Mobile Application agree and consent to PushTowers.com PTY LTD and its partners\', licensees\' and third party Multi-Platform Mobile Application owners’ trans- mission, collection, maintenance, processing and use of your location data and queries to provide and improve such products and services. User may withdraw this consent at any time by going to the Loca- tion Services setting on their Device and either turning off the global Location Services setting or turning off the individual location settings of your Multi-Platform Mobile Application. Users of your Multi-Platform Mobile Application share location data, including the real-time geographic location of their Device, road travel speed information, location search queries, and location of where you purchase and launch applica- tions. The location data and queries collected by PushTowers.com PTY LTD (ABN:28638535074) are collected in a form that does not personally identify them and may be used by PushTowers.com PTY LTD (ABN:28638535074) and its partners, licensees and third parties to provide and improve location-based products and services to the sites
PushTowers.com PTY LTD (ABN:28638535074) has the absolute right to correct any errors or omissions, and change any part of the Sites without notice. If you find an error, please report it to the PushTowers.com Customer Services Team. PushTowers.com PTY LTD (ABN:28638535074) 2013-2014