MOBILE MESSAGING TERMS AND CONDITIONS

Felixshelton may use mobile messaging, including Short Message Service (SMS), Multimedia Message Services (MMS), and Business Chat features, collectively referred to as “messages” or “messaging,” to communicate with you for various business purposes.

The following Mobile Messaging Terms and Conditions (the “Terms”) govern your use or participation in any of Felixshelton, LLC. (“Felixshelton,” “we” or “us””) Texting Programs or Business Chat features (collectively, the “Services”), as described below. Your use of the Services constitutes your agreement to these Terms. We may modify or cancel the Services or any of their features without notice. To the extent permitted by applicable law, we may also modify these Terms at any time and your continued use of the Services following the effective date of any such changes shall constitute your acceptance of such changes.

General Terms

The following apply to any programs or features offered through the Services.

• You must be at least 18 years of age to participate in any of the Services and to agree to these Terms.
• You agree to receive these Terms electronically, and further, to conduct this agreement, consent, and signature process electronically.
• You agree that the process of obtaining your consent to receive messages from Felixshelton demonstrates your intent to provide any necessary electronic signatures required by state or federal law.
• All Services require a text-enabled device and your consent to receive messages at the number you provide to us.
• By using the Services, you authorize Felixshelton to deliver messages to you through use of an automated telephone dialing system.
• You are not required to consent to receiving mobile messages to purchase goods or services from Felixshelton.
• By requesting contact from Felixshelton, including through a subscription to a Texting Program or initiation of a Business Chat session, you agree that you have provided us the necessary authorization and consent to call or text you even if you are on a state or the federal Do Not Call registry at the time of your request to join.
• The Services are provided as a free service of Felixshelton; however, Message and Data Rates may apply from your wireless (cellular) service provider depending on your cellular subscription agreement. You are responsible for all applicable costs and taxes. Consult your wireless (cellular) service provider regarding their pricing plans.

• Our collection and use of your personal information is governed by our Privacy Policy. Furthermore, for purposes of clarity, when you opt-in to or use a specific Texting Program or Business Chat feature, your phone number will not be used to opt you into any additional Services, unless we have the necessary consent to do so. The same is true for discontinuing your involvement in any Services — you must follow the stop instructions for each Service individually as we will not honor one stop or discontinuance request across multiple Services.

• You may unsubscribe from a Texting Program at any time by following the directives in the Texting Program description. However, please note that Felixshelton operates multiple Texting Programs, as indicated by the short code or telephone number. Opting out of one Texting Program will not opt you out of other Texting Programs, or any other communications, from Felixshelton. All Texting Programs will continue unless and until you unsubscribe or opt-out. After opting out, you may resubscribe at any time by following the Texting Program subscription directives noted below.
• All messages sent to or from our Services are recorded and retained. By participating in any of our Services, you consent to these messages being recorded and have no claims for illegal wiretapping or the like. Any messages you send become our property.
• We may change any short code or telephone number we use to operate the Services at any time and will notify you of these changes, if necessary. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
• You agree to provide us with a valid phone number for use of the Services. If you get a new phone number, you agree to notify us and update your account, as applicable, to reflect any changes. If desired, you will also need to sign up for the Services with your new number to continue participating in the Service(s).
• In general, mobile messaging is not a secure mode of communication, so personal information of a sensitive nature should not be provided via mobile messaging. In accordance with our policy, we will not ask you to send certain personal information, such as passwords or credit card information, via mobile message.
• You may receive messages containing links to web pages or forms. While we would never intentionally send you a malicious link, you should only click links that you are expecting or that you are familiar with.
• We will not tolerate the misuse of any Services. We will terminate your ability to use or participate in any Service if at any point, in our sole discretion, it is determined that you have used our Services to (a) send material that is harassing, defamatory, libelous, abusive, threatening, obscene, or coercive, (b) distribute content that violates the rights of any person or company protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, or (c) introduce malicious programs or other routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information, including executing any form of monitoring that will intercept data not expressly approved for use.

Texting Programs

Felixshelton offers, through the Services, two Texting Programs to individuals who would like to receive transactional and/or marketing text messages from and related to Felixshelton.

• The Felixshelton Retail Marketing Text Program may send messages offering coupons or discounts, or alert you about sales, promotions, or other offers related to retail merchandise.
• The Felixshelton Transactional Text Program will send you messages about your order, appointment, or details about products or services that you request from us.

You may opt-in to receive messages from one or more of these Texting Programs depending on your preference. You will find more detailed descriptions of these Texting Programs & campaigns below, including frequency and opt-out options.

 

 

Business Chat

Felixshelton offers customers, through the Services, a Business Chat feature. These features allow customers to communicate, through the customer’s mobile messaging device functionality, with a Felixshelton customer relations representative. Please note that Business Chat is separate and distinct from any other Services or Felixshelton communication preferences; your discontinuance of any Business Chat feature will not change any subscriptions or preferences for any other Felixshelton communications. Consent to participate in Business Chat is not a condition of purchasing goods or services. Message and data rates may apply. Messages may be autodialed. You will find more detailed descriptions of these Business Chat features below, including frequency and opt-out options.

Customer Relations Chat

You may elect to communicate with our customer relations department by sending a mobile/text message to 336-316-2308. By initiating this mobile communication, you consent to receive a response by mobile/text message to the phone number you used to send the initiating message. Please note that, to protect certain personal information or to gather additional details, we may request to continue a mobile-initiated communication on the phone or by email. Our customer relations department representatives are available 24/7, however, more thorough responses will be available during normal business hours. This is not a recurring messaging program. Once the matter for which you contact us has been resolved, we will discontinue the Customer Relations Chat session and you will not receive further messages from our customer relations team unless you initiate another chat session with us by sending a mobile/text message to the number above.

Third Parties

All three Felixshelton Texting Programs are administered by a third-party service provider (the “Texting Vendor”), which will use your information solely to deliver these Services in accordance with the Felixshelton Privacy Policy. If your mobile operator is not participating, you will not receive a reply to your messages. Check with your mobile carrier to see if SMS messaging services are available for participation on your individual wireless plan. Pre-paid users may not be able to participate - Check with your mobile operator.

Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Felixshelton is not responsible for these limitations, and you should contact your carrier with questions regarding these issues.

Release of Claims; No Warranties.

By participating in the Services, you agree to release and hold harmless Felixshelton, our Texting Vendor, and participating wireless (cellular) carriers and their respective representatives, agents, successors, assigns, employees, officers and directors (together, the "Released Parties"), from any and all liability, loss, harm, damage, injury, cost and expense whatsoever, including without limitation, property damage, personal injury and death, which may occur in connection with the Services, and from any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation and invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical, or other errors in associated promotional materials in connection with these Services. Participating wireless (cellular) carriers and each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives, and employees are not responsible for these Services, and none of them will have any liability or responsibility for any claim arising in connection with participation in these Services.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any offer furnished by third parties in connection with these Services. Without limiting the generality of the foregoing, all Services are provided "as is" without warranty of any kind, either express or implied, and the Released Parties hereby disclaim all such warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Released Parties are not responsible for the following: technical, hardware, software, electronic, network, telephone or other communications malfunctions; errors or failures of any kind; errors in transmission; traffic congestion, lost or unavailable network connections, telephone connections, or wireless (cellular) phone connections; website, Internet, or ISP availability; unauthorized human intervention; incomplete or inaccurate capture of entry information (regardless of cause); failed (undelivered), incomplete, garbled, jumbled or delayed transmissions; any other matter that may limit or restrict your ability to send or receive a message; any injury or damage to your or any other person's wireless (cellular) device relating to, or resulting from, participation in these Services. News and data delivered are believed to be accurate at the time of delivery.

To the extent permitted by applicable law, you agree that the Released Parties will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Services. You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the Services, and you agree that we will not be liable to you if this occurs.

Coupon Offer Terms & Conditions

Both the Felixshelton Retail Marketing Text Program and the Rental Marketing Text Program may provide coupons to subscribed customers. Various terms and conditions apply to the respective coupons sent and received. Those coupon terms and conditions are available on our offer disclosures website. Further, the Notice of Financial Incentive applies to all coupon offers provided to customers, whether via SMS or other delivery methods.

BRISTLEBRUSH DESIGNS PTY LTD. 3/4 Ramly Dr,Burleigh Heads QLD 4220

For Support, please call Felixshelton Customer Relations at +61 61755203340.