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Bobo & Boo is offering a mobile messaging program (the “program”), which you agree to use and participate in subject to these mobile messaging terms and conditions and privacy policy (the “agreement”). By opting in to or participating in any of our programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “dispute resolution” section below. This agreement is limited to the program and is not intended to modify other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts.
User opt in: the program allows users to receive sms mobile messages by affirmatively opting into the program, such as through online or application-based enrolment forms. Regardless of the opt-in method you utilized to join the program, you agree that this agreement applies to your participation in the program. By participating in the program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“atds” or “autodialer”). Message and data rates may apply.
User opt out: if you do not wish to continue participating in the program or no longer agree to this agreement, you agree to reply stop, end, cancel, unsubscribe, or quit to any mobile message from us in order to opt out of the program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to notify and indemnify: if at any time you intend to stop using the mobile telephone number that has been used to subscribe to the program, including cancelling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our programs.
You agree that you shall indemnify, defend, and hold us harmless from any claim or liability resulting from your failure to notify us of a change in the information you have provided, including any claim or liability under the telephone consumer protection act, 47 u.S.C. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
Program description: without limiting the scope of the program, users that opt into the program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and frequency: message and data rates may apply. The program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us.
Support instructions: for support, email us at orders@boboandboo.com.au. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.