Terms and conditions

Access to and use of the Txt4Info service (the “Service”) is provided subject to the following Terms and Conditions.

1. Acceptance of Terms and Conditions

The Txt4Info website and service are owned and operated by Txt4Info, a trade mark and division of Touchpoint Group Limited.

This Service provides a means for you to request information, sample products or materials from retailers and other businesses to be delivered to you via email, mail, courier or phone. This Service is provided ‘AS IS’ and ‘AS AVAILABLE’, and Txt4Info makes no warranties or representations whatsoever, express or implied, concerning any such information, sample products, or materials.

Txt4Info reserves the right to make changes to the Service at any time, without prior notice.

We may also change these Terms and Conditions and our policies applying to particular services at any time by changing or removing existing terms or adding new ones. Changes may take the form of completely new policies. Any change we make applies from the date we publish it on the website.

2. Agreement to receive requested advertising information or sample products

Requesting offers:
When you respond to offers using the Txt4Info txt, web and email response mechanisms, you are explicitly agreeing to receive advertising or samples from the associated advertiser – for the offer you have requested.

When Txt4Info sends you requested advertising material or samples, it acts merely as a distributor for the advertiser. Txt4Info itself makes no recommendations or representations about products advertised, nor does it endorse or guarantee those products, and Txt4Info may not be held liable for any inaccuracy in the advertising material or any defect in the product or service advertised. Furthermore, Txt4Info bears no responsibility of any sort if an advertiser fails to honour any promise made in advertising material distributed by Txt4Info.

If advertising material distributed by Txt4Info contains an embedded hyperlink to a website operated by another organisation, Txt4Info gives no guarantee as to the accuracy or suitability of the content of such website, and it bears no responsibility of any sort for the content of that website.

3. Use of your address for the delivery of information

If you register txt your details in response to an offer, Txt4Info will be entitled to use your email, postal address or phone number to send the requested information or sample to you.

Where the requested offer is not fulfilled by Txt4Info, you agree that Txt4Info may pass your details to the advertiser or a nominated 3rd party fulfilment organisation for the purpose of delivering the requested information.

Where offers involve a call back mechanism, you agree that Txt4Info may pass your contact details to the advertiser or their nominated call centre for the purpose of fulfilling this call back.

Most offers are fulfilled through a single email, postal mail, txt message or call back. However in some cases certain offers may involve multiple communications between you and Txt4Info, the advertiser or their nominated fulfilment agents.

When you request an offer, it does not give the advertiser the right by default to continue to send you marketing information. However in some cases this may be the explicit intent of the offer. Where this is the case the advertiser must explicitly request that you opt in to receive future communications. If this opt in process occurs through the Txt4Info service, then we will provide your details to the advertiser for this purpose.

4. Ongoing communications from advertisers

As part of a particular offer, you may be given the option to receive information directly from a particular advertiser. If you select that option you accept that:

When Txt4Info gives the information to an advertiser under Clause 4, we do so understanding that the advertiser will use that information for the use indicated and must comply with Txt4Info terms and conditions or the advertiser’s own privacy policy.

Txt4Info will not have control over the communications sent to you and will not be responsible to you or liable for any failure by an advertiser to use information as set out in the Txt4Info terms and conditions or the advertiser’s own privacy policy.

5. Use of your personal information

When you receive information directly from an advertiser, that advertiser may give you the option to receive ongoing communications directly from them. If you choose to give them your permission, please be aware that Txt4Info may be under an obligation to provide that advertiser with your email address as well as other information provided by you, and you hereby authorise and request Txt4Info to do so. If you only opt in to receive only a particular offer and not ongoing communications, the advertiser will be instructed that your details are only to be used to fulfil the particular offer and may not be used otherwise. However, once information has been provided to the advertiser by Txt4Info, Txt4Info will no longer have control over the use of that information by the advertiser and cannot be held liable for any misuse of that information.

6. Competitions

Txt4Info may run competitions on its website from time to time. If it does, and if you enter the competition, the relevant sections of these Terms and Conditions will apply, modified as necessary, to information provided by you.

If any advertising material you receive includes an invitation to enter a competition, Txt4Info makes no representations as to the legality of the competition, or the enforceability of your rights under the competition, and Txt4Info will not be liable to you for any loss or expense you may incur as a result of entering the competition, or as a result of the person running the competition failing to run it properly.

7. Limitation of liability

You will not have any claim against Txt4Info for any loss, damage, cost or expense of any nature which you may suffer as a result of any of the following causes, even when due to negligence on the part of Txt4Info:

A. The loss, theft or unauthorised access, disclosure or use of information provided by you
B. The improper use of information provided by you
C. Any failure to protect information provided by you
D. Any failure of the software and technical systems used in connection with the website
E. The dissemination of a computer virus or other harmful component by Txt4Info

Where any limitation of liability or indemnity is given in favour of Txt4Info in these Terms and Conditions, the benefits of that limitation or indemnity applies not only to Txt4Info but also to its employees, directors, agents and contractors.

8. Security, privacy, trademarks, copyright and governing law

Data, including personally identifiable information, is transported between your computer and those of the Service in a secure mode employing Secure Sockets Layer digital cryptography.

Our Privacy Policy for this Service is located on the Privacy Policy page.

Certain trademarks, trade names, images, logos and pictures related to this Service are proprietary to Touchpont Group Limited or other entities. Except as may be expressly provided, nothing contained herein shall be construed as conferring any license or right under copyright or other intellectual property laws.

The materials regarding this Service are protected by copyright and other laws.

Governing Law
This Service and all disputes or other matters arising out of your use of the Service shall be governed by the laws of New Zealand.

If you have any questions about our Terms and Conditions, please contact us.

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