Usage of the mHITs service is subject to the following Terms and Conditions. When you register with mHITs, you agree to these Terms and Conditions.
1. Application subject to acceptance
Your registration application for mHITs is subject to acceptance by mHITs. To process this application and establish your account, mHITs will ask you for certain details. You must use your real name, address, email address, date of birth and other contact information when entering your registration details. Acceptance of your application will occur when you receive your login password and complete the on-line registration process. mHITs reserves the right to refuse an application for registration, restrict access or suspend or cancel your mHITs account if you are in breech of these terms and conditions.
Your mobile number and your SIM card are used to identify you as a registered mHITs customer. This number is also used for performing transactions on your mHITs account. When mHITs receives a payment request from your mobile number, we will assume that these transactions are requested by you, that you have authorised these transactions, and that you accept complete responsibly for all transactions made against your mHITs account as a result. mHITs may take measures to confirm your identity to ensure compliance with Australian law and other regulatory obligations. mHITs may require confirmation of your identity as required by law or Government regulation. mHITs may also restrict access.
3. Security of your SIM card
By registering with mHITs, you accept responsibility for the security of your SIM card and mobile handset. It is your responsibility to ensure the security of and access to your mobile handset including access to sending and receiving on SMS messages to and from mHITs and/or access to any application on your mobile handset used to access the mHITs service. mHITs will assume that any transaction request originating from your mobile phone number is deemed to be authorised by you. If your handset and/or SIM card is/are lost or stolen, your must cancel or suspend your mobile service immediately to prevent un-authorised use of your mHITs service. You must also suspend your mHITs service immediately by notifying us at firstname.lastname@example.org
4. Responsibility for usage
You will be responsible for all service charges and calls made from your mobile telephone along with any other conditions according to the terms of your current network provider. This includes the cost of any SMS messages or any other order method that may be billed to you by your network provider.
5. Loss or Damage
Subject to the Trade Practices Act and other laws, mHITs is not liable for any cost, loss, liability or damage, whether direct or consequential arising out of mHITs supply, delay or failure to supply products or services.
6. Coverage not guaranteed in all areas
The mHITs service may not cover all geographical areas in Australia. Coverage is determined by the relevant network provider of your mobile service. However, even within the coverage areas, some local conditions could prevent or interfere with reception.
7. Cancellation of service
You may request suspension or cancellation of your mHITs service at any time. You must send your cancellation request along with your mobile number, and login password to email@example.com. mHITs will action your request as soon as reasonably possible after receiving it. mHITs will not charge you for processing a request to cancel the mHITs service.
8. Limitation of service
Only one mHITs account and service is permitted per mobile number.
You agree to keep your mHITs password private. mHITs will not be liable for any misuse of your mHITs service by any unauthorised person. You are advised to delete from your handset/SIM card any sent SMS requests for products or services ordered through the mHITs service.
10. Change of mobile number
If you transfer ownership of your mobile number to another person, you must cancel your mHITs account. Failure to do this may allow transactions to be made against your mHITs account. If you have funds remaining in your mHITs account, you are responsible for transferring these funds before you transfer ownership of the mobile number.
11. Transfer of mobile number
You must cancel your mHITs account and service immediately if you transfer ownership of your mobile phone number or SIM card. You are responsible for transferring the balance of any funds in your mHITs account associated with a cancelled mobile number before you cancel the mobile number. You accept full responsibility for any transactions which are applied to your mHITs account as a result of not cancelling this service. Cancellation requests should be sent by email to firstname.lastname@example.org and include your mobile number.
12. Other providers
You understand that you may purchase products and services from other authorised distributors and using other payment methods.
13. Transaction requests
You understand that requests from your mobile handset to mHITs will cause the mHITs system to debit funds to the value of the transaction, product or service from your mHITs account.
14. Products and services offered by mHITs
Products and services offered by mHITs may vary from time to time. mHITs reserves the right to add or withdraw products and services at any time. These products and services will be displayed on the mHITs website at www.mhits.com.au. Similarly, prices for products and services are subject to change without notice.
15. mHITs right to suspend or cancel service
mHITs reserves the right to suspend or cancel your mHITs account if any of the details you have provided are not correct, or when we receive more that three consecutive order requests for which payment is rejected. mHITs will not be liable for any loss that you may suffer as a result of such events.
mHITs' liability for any loss suffered by you as a result of any act or omission by us is limited to debiting your mHITs account correctly and refunding any amounts that mHITs has wrongfully debited. If you consider that a debit has been initiated incorrectly you should contact the mHITs support team at email@example.com.
mHITs will not be liable for any consequential loss suffered by you from any act or omission by mHITs in complying with a payment request from you. You also acknowledge that mHITs is not in any way liable to you or any third party for any claims resulting from your acts or omissions, or the acts or omissions of any third party, and you indemnify us for any loss that mHITs may suffer as a result of such claims.
16. Account Loading
When you load your mHITs account, you are responsible for ensuring that the correct reference information is supplied including the correct mobile number. During some account load methods, mHITs may take steps to ensure that the mobile number is validated before funds are applied to an mHITs account. mHITs does not accept any liability for an incorrectly supplied mobile number reference, or inaccurate or omitted reference information. If you believe that the incorrect mobile number reference has been supplied during an account load transaction, you must contact mHITs at firstname.lastname@example.org.
17. Transaction Limits
mHITs may apply limits to mHITs accounts and mHITs transactions. These include but are not limited to PAY, BUY, BALANCE, BANK, INVITE transactions, daily transaction limits, monthly transaction limits, transaction frequency limits, daily and monthly limits on sending money to overseas countries, and limits on sending funds to some mHITs accounts or recipients in overseas countries. mHITs may also impose limits on the amount of funds that are stored in an mHITs account. mHITs may vary these limits from time to time and publish these on the mHITs website at www.mhits.com.au.
18. International Remittance Transactions
mHITs may provide the ability to send payments to other mobile wallets in countries outside Australia. These international remittance services are operated in conjunction with 3rd party m-wallet and e-wallet operators. If you use this facility, when you confirm and authorise an international remittance transaction, you acknowledge that it is your responsibility to ensure the mobile number of the recipient is correct. mHITs accepts no liability for recovering funds if the incorrect recipient mobile number is used for an international remittance transaction. Once mHITs confirms that funds have been successfully transferred to the recipient via the 3rd party m-wallet or e-wallet operator, mHITs is not responsible for or liable in any way for how these funds are accessed by the recipient. If you believe that the incorrect receipient mobile number has been used in an international remittance transaction, you must contact mHITs at email@example.com.
19. Government Regulation and Law
Some mHITs transactions are subject to mandatory reporting to Government agencies as required by law. By accepting these terms and conditions, you agree to this reporting policy, laws and any applicable regulations that may require mHITs to report transactions including but not limited to individual transactions unusual patterns in transaction activity, transactions to and from particular individuals or parties, and otherwise suspicious transactions.
20. Bonus Funds
From time to time, mHITs may offer promotions that involve crediting mHITs accounts with bonus funds. mHITs reserves the right to withdraw payment of bonus funds if it believes a the terms and conditions of the promotion have been breeched. mHITs also reserves the right to debit an mHITs account of unused bonus funds provided reasonable steps have been taken to notify the mHITs account holder of the expiry of the bonus funds.
21. Unused Accounts
If an mHITs account is not used, transacted upon or otherwise accessed within a period of 5 years, mHITs reserves the right to suspend and/or close your mHITs account. mHITs will take all reasonable steps to contact you prior to the closure of your mHITs account. In the event that you do not respond to attempts to communicate with you, or mHITs is otherwise unable to contact you via other means, if the amount in your mHITs account is below $100, mHITs may automatically expire these funds. If the amount is greater than $100, mHITs may elect to forward any unused funds to the Registrar of unclaimed moneys.
22. Accuracy of Information
It is your responsibility to ensure your contact details including but not limited to your name, contact address, email address, and banking details are accurate and up to date. This includes initial entry of this information at the time of registration as well as maintaining the ongoing accuracy of this information. mHITs accepts no responsibility for being unable to contact you via the information you have supplied if your contact details are incorrect.
23. Misuse and Fraud
By registering for mHITs and by using the mHITs service, you accept the mHITs Terms and Conditions. If mHITs determines that you are in breech of these Terms and Conditions, it reserves the right to restrict and/or suspend your mHITs account. mHITs may also report any suspicious or fraudulent activity to relevant authorities. This includes details of mHITs transactions and information you have supplied in your mHITs registration application.
24. Fees and Charges
mHITs reserves the right to change and vary fees for using the mHITs service. Changes will be posted on the mHITs website at www.mhits.com.au. All registered mHITs users will also be contacted via email.
By accepting these terms and conditions you give consent for mHITs to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file in the possession or control of the credit reporting agency to assist in verifying your identity for the purposes of the Anti-Money Laundering and Counter-Terrorism Act 2006. The credit reporting agency may prepare and provide mHITs with such an assessment and may use your personal information including the names, residential addresses and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. If you disagree with having your identity verified by a credit reporting agency, please contact mHITs so that we can discuss other options with you.
26. Variation of Terms and Conditions
mHITs reserves the right to vary the terms and conditions without notice. Changes will be posted on the mHITs website at www.mhits.com.au. All registered mHITs users will also be contacted via email.