SMS Terms & Conditions
Please read these SMS Terms & Conditions (the “SMS Terms”) carefully. These SMS Terms apply to marketing and non-marketing text messages, also known as short message service (“SMS”), sent to you by or from Beach Ballroom Inc. (“Company”).
Consent
By opting in to one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Company and others texting on its behalf, including text messages made with an automatic telephone dialing system (“autodialer”), at the telephone number(s) you provide. You may opt out of these communications at any time. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Message frequency may vary.
Program Description
Company, through third-party platform service providers, may use an autodialer to deliver text messages to you. Company text messages are intended to provide you with marketing and promotional information regarding Company products and services and other information about Company that may be of interest to you (such as contests, giveaways, and limited-time offers). Non-marketing text messages may include appointment reminders, billing reminders, and other informational communications related to your use of Company products or services.
Cost
Message and data rates may apply to each text message sent or received in connection with Company’s text messages, as provided in your mobile telephone service rate plan (contact your mobile carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending text messages; however, you are responsible for any fees imposed by your mobile carrier.
Help & Stop
Text HELP for information about the SMS program. Text STOP to discontinue receiving text messages from Company. After texting STOP, you may receive additional communications confirming your request has been received and processed, and you may continue receiving messages for a short period while Company processes your request. If you opt out of one text message program, you remain enrolled in other programs (if applicable) unless you specifically opt out of those as well. Direct any other questions to our customer support line.
Your Mobile Phone Number
You represent that you are the account holder for the mobile telephone number(s) you provide and that you are at least 18 years old. If your phone number changes, you must notify Company immediately. You agree to defend, indemnify, and hold Company, its affiliates, subsidiaries, joint ventures, third-party service providers, and each of their respective employees, contractors, agents, officers, and directors harmless from all claims, expenses (including reasonable attorneys’ fees), and damages related to or caused in whole or in part by your failure to notify Company immediately of a change in your telephone number(s).
Disclaimer of Warranties
Company’s SMS program, inclusive of all information conveyed, is provided on an “as is” and “as available” basis, and at your own risk, to the fullest extent permitted under applicable law. Company and its third-party service providers disclaim all warranties, whether express or implied, including all warranties of title, merchantability, non-infringement, and fitness for a particular purpose, and all warranties regarding security, currency, correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability. Company and its third-party service providers are not responsible for cellular network or equipment performance, and you release them from liability for claims based on hardware, software, electronic, network, or other communication malfunctions, such as incomplete messages, delayed transmissions, or any technical difficulty limiting your ability to send or receive a message.
Dispute Resolution
To the fullest extent permitted by law, you and Company agree to submit exclusively any claim, controversy, or dispute arising out of or relating to these SMS Terms, or any other policies or terms incorporated therein (each, a “Dispute”), for resolution by confidential, individual, binding arbitration, except that you or Company may assert claims in small claims court on an individual basis if the claims qualify.
The arbitration will be administered under the arbitration rules applicable in the Province of Ontario, Canada. Nothing here precludes either party from seeking injunctive relief in the courts located in Ontario, Canada, to protect its rights pending an arbitration outcome.
To resolve issues promptly, you and Company agree to begin any arbitration within one year after a Dispute arises, otherwise any claim associated with the Dispute is waived.
Any disagreements regarding the forum for arbitration will be settled by the arbitrator. If any provision of this Dispute Resolution section is held invalid or unenforceable, all other terms within this section remain in full force and effect.
If you are unsure what this Dispute Resolution section means, including any obligation to arbitrate, please speak to an attorney.
Governing Law
These SMS Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
Changes to SMS Terms
Company reserves the right to update these SMS Terms at any time without prior notice. By continuing to be enrolled in any text messaging program, or by providing your cell phone number for transactional or informational text messages, you consent to any changes.
Severability
If any part of these SMS Terms is found illegal, invalid, or unenforceable, that part is excluded to the extent of the invalidity, and all other terms remain in full force and effect.
