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

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

1.2 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.

1.3 By registering on this website or using the Service, you agree to the terms and conditions outlined below.

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

1.5 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. We will tell you about any changes by posting an updated version of the particular policy on the Txt4Info website. Any change we make applies from the date we publish it on the website.

2. Registration and use of the service

2.1 You may register and use this Service only if:
A. You are a resident of New Zealand
B. You are 18 years or older, or you have the consent of your legal guardian

2.2 Registration
Registration is not required to use the service, however some offers may only be available to registered users.

The following restrictions apply when registering:
A. You may only register once
B. You may only register for your own benefit
C. You may not register on behalf of anyone else
D. The email and mobile addresses your provide when registering must belong to you alone

2.3 Limitations on offers
Unless otherwise stated, offers are limited to one per person.

3. Agreement to receive requested advertising information or sample products

3.1 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 explicitly requested.

When you register with the Txt4Info service, you are registering with the purpose of receiving advertising material you have already requested or may request in the future.

3.2 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.

3.3 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.

4. Use of your address for the delivery of information

4.1 If you register on the website or 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.

4.2 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.

4.3 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.

4.3 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.

4.4 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.

5. Ongoing communications from advertisers

5.1 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:

A. 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.

B. 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.

C. Once information we hold about you has been given to an advertiser under the above clauses, the fact that you may terminate your registration on the Txt4Info website will not automatically mean that you will no longer receive information or products from the advertisers who have your email or postal address because you explicitly gave them your permission to send you ongoing communications. In order to have those advertisers no longer send you information, you will need to contact them directly.

6. Use of your personal information

6.1 When you register on the Txt4Info website, you provide us with certain information. We will keep this information confidential and use it only as you authorise.

6.2 You agree that we may provide advertisers or market researchers with general information about you (age and/or gender for instance) for statistical purposes only.

6.3 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.

7. Terminating your Txt4Info registration

7.1 If at any time you wish to cancel your registration on the Txt4Info website, simply select the ‘unsubscribe’ link that appears on all emails from Txt4Info. Alternatively, you can reach the ‘unsubscribe’ link from the ‘Your Details’ section of the Txt4Info site. Thereafter, you will cease to be registered and your personal details will be removed from the system.

7.2 If you breach any of these terms and conditions, or if Txt4Info in its sole and absolute discretion deems it advisable to do so for any reason, Txt4Info may terminate your registration without notice or prior warning, and you will not have any claim against Txt4Info as a result of the termination.

7.3 After you cease to be registered, Txt4Info may retain its records for the transaction information resulting from your interaction with the Service. These Terms and Conditions will continue to apply to that information.

8. Competitions

8.1 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.

8.2 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.

9. Limitation of liability

9.1 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. he 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

9.2 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.

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

10.1 Security
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.

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

10.3 Trademarks
Certain trademarks, trade names, images, logos and pictures related to this Service are proprietary to Touchpont 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.

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

10.5 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.