Updated: 10th May 2011
HooHaa, hereafter referred to as 'The Service Provider'
A person who has successfully subscribed to the Service, hereafter referred to as 'The Member'
A prospective Member prior to receiving membership confirmation, hereafter referred to as 'The Subscriber'
Comtxt Media Ltd, hereafter referred to as 'The Facilitator'
Aggregator companies, hereafter referred to as 'The Gateway'
Telecommunications companies, hereafter referred to as 'The Distributor'
The entire process is hereafter referred to as 'The Service'.
The Service produces, filters and organises distribution of Mobile Advertising, hereafter referred to as 'The Content'.
The Device is the Mobile Device used to receive Mobile Advertising.
The Service Number is the 4 digit number used to contact The Service Provider using Text Messaging. The number is 226. All messages sent to this number incur standard network message costs.
1. To subscribe to The Service, The Member must register either:
- on The Service Provider's website
- using an offline registration form
and confirm subscription in one of the following ways:
- by receiving an activation code via a text message on the Subscriber's Device and entering it on The Service Provider's website when prompted. There will be no cost to the Member for receiving this text message; or
- by receiving an activation text via a text message on the Subscriber's Device, following the URL in the text message using The Device and entering in the activation code presented on The Device and entering it on The Service Provider's website when prompted. There will be no cost to the Member for receiving this text message; or
- if the registration is via an offline registration form, send the word JOIN along with the registration form's unique registration code to the Service Number. In this instance, standard network message costs would apply;
2. The Subscriber warrants that they are either:
- The Bill Payer for The Device being subscribed to The Service; or
- That The Member has disclosed the Terms and Conditions of The Service to the Bill Payer and obtained the permission of the Bill Payer prior to confirming subscription to The Service; and
- 14 years of age and over; or
- Has obtained permission to join The Service from their legal Parent or Guardian.
3. The Service is a recurring content delivery subscription that will automatically send Mobile Advertising to a mobile phone or other compatible device.
4. The Device will be subscribed to receive content from The Service.
5. The Service will distribute mobile advertisements to The Member based on The Member's demographic and behavioural information. Every care will be taken to ensure that The Member only receives advertisements that they have indicated a desire to receive, however The Facilitator, The Gateway, The Distributor and The Service Provider will not be responsible for any advertisements that don not meet The Member's desired demographics.
Credits & Payments
6. All care will be taken to ensure the content of the Mobile Advertising delivered via The Service meets all conditions laid down by the Advertising Standards Authority.
7. Subject to clause 43, The Members will receive 15 moolah points for each advertisement received by their Device.
8. The Service Provider accepts no liability to The Member for delays or failures by the Distributor in payment for texts received by The Member.
9. The Service Provider may communicate to The Member via:
- Text message; or
- Email; or
These communications may be for internal promotion, survey or customer service purposes. These communications will NOT generate 15 moolah points per text for The Member.
10. The Member will receive a maximum of 4 adverts per day. This number will depend entirely on demographic information and advertising activity.
11. The Service Provider will determine, in its sole discretion, the number of text adverts The Member may receive.
12. Should The Member of The Service experience difficulties receiving or using The Content, they should refer to The Service Provider's website for information on how to resolve any issues with respect to The Service. The Service Provider's website contains directions for The Member to raise issues they are unable to resolve via the information contained on The Service Provider's website.
13. If the Device is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the Device. The Facilitator, The Gateway, The Distributor and The Service Provider of The Service cannot be held responsible for factors beyond their control, which may affect the delivery of The Content. The Distributor is not obliged to and may not be able to provide any messages if the user is roaming on another network.
14. The Service Provider takes no responsibility for lost, late or misdirected messages.
15. To the extent that it is permissible by law, The Subscriber and or The Bill Payer agree to indemnify The Service Provider, The Gateway, The Distributor and The Facilitator from any action or claim arising from any activity or event related to The Service.
Unsubscribe & Membership Termination
16. The Service Provider reserves the right to terminate a Member's subscription at any time, without providing notice to the Member. No further correspondence will be entered into.
17. To unsubscribe The Device from The Service, The Member must comply with the termination conditions and complete one of the following steps:
- SMS the word "STOP" to The Service Number 226 from The Device (standard network message costs apply); or
- Deactivate The Device at The Service Provider's website; or
- Phone 0800 HOOHAA (0800 466422) and request The Device be unsubscribed; or
- Send an unsubscribe request for The Device via the Service Provider's website contact form.
This will cancel The Member's subscription of The Device to The Service within 24 hours.
The Service shall remain active until the termination conditions as detailed in clause 8 have been met.
Once termination conditions have been met, information about The Device will be placed into an internally maintained suppression list to ensure no further communications are sent to The Device.
18. To cancel membership to The Service, The Member must comply with the cancellation conditions and complete one of the following steps:
- Cancel the membership on The Service Provider's website; or
- Phone 0800 HOOHAA and request that membership be cancelled; or
- Send a cancellation request via the Service Provider's website contact form.
This will cancel the Member's membership to The Service within 24 hours.
The Service shall remain active until the termination conditions as detailed in clause 8 have been met.
Once cancellation conditions have been met, information about The Member and The Member's Devices shall be placed into an internally maintained suppression list to ensure no further communications are sent to The Member and The Member's Devices.
19. If in The Service Provider's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of The Service, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of The Service, The Service Provider reserves the right, at its sole discretion, to terminate the subscription of The Member who may be responsible for such tampering or other inappropriate interference with The Service.
Prize Draws, Competitions & Promotions
20. From time to time Prizes will be made available. Entry to the Prize Draws constitutes acceptance of these term & conditions. All entry instructions and prize information published by The Service Provider extend these conditions.
21. These Prizes cannot be exchanged for cash or alternative prizes. Members who win prizes agree to accept the prize "as is". The prizes are subject to availability and The Service Provider reserves the right, at its sole discretion, to award a prize of greater or equal value if the communicated prizes are unavailable. All expenses relating to the acceptance of any prize, which are not explicitly listed as being included in the prize, are the responsibility of The Member. Any depiction of prizes is for illustrative purposes only.
22. Prize Draws are conducted by The Service Provider.
23. The Prize Draws are only open to 'Eligible Entrants', being individuals who:
- are residents of New Zealand; and
- are not employees of The Service Provider or any of its related corporations or any of their agencies associated with the Prize Draws; and
- are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.
24. To enter, an Eligible Entrant must be a Member of The Service with at least one active subscribed Device.
25. All entrants must ensure that their entries are received by The Service Provider during the Entry Period. The Service Provider takes no responsibility for late entries or for any delays or failures in any internet service provider or telecommunications companies' services or equipment.
26. All registrations may be subject to verification by The Service Provider.
27. The Service Provider may, at its absolute discretion, declare a registration made by an entrant invalid to win a prize(s) if the entrant:
- fails to establish their entitlement to enter the prize draws; or
- tampers with the entry process and benefits from such tampering.
28. Rights to receive prizes are not transferable or exchangeable.
29. If the winner of a prize is under 14 years of age, the prize will be awarded to a parent or guardian of the winner, as determined by The Service Provider, on the winner's behalf.
30. All prizes will be sent to the winner's address specified in their registration within 28 days of the relevant prize draw. If the winner is under the age of 14, references in this condition to the winner are references to the winner's parent or guardian.
31. Each winner will be notified by a call or text to the mobile phone number or email to the address specified in their registration details.
- any prize is not claimed by a winner within one (1) month of the draw for that prize; or
- if The Service Provider cannot contact The Member to receive a prize after a seven (7) day period; or
- any prize is forfeited for any reason;
the prize will be awarded to another Eligible Entrant in a redraw for that prize.
33. If for any reason, the conduct or operation of the Prize Draws are interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), The Service Provider reserves the right to cancel, terminate, modify or suspend or recommence the Prize Draw process.
34. The Service Provider assumes no responsibility for:
- any error, omission, interruption, or delay in the operation or transmission of any communication including any SMS communication sent to (or by) The Service Provider or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;
- any theft, destruction or unauthorised access to, or alteration of such communications;
- any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Prize Draws.
35. All of The Service Provider's decisions are final and no correspondence will be entered into.
36. To the full extent permitted by law, The Service Provider, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Prize Draws or prizes, including:
- any indirect, economic or consequential loss;
- any loss arising from the negligence of a Relevant Party;
- any liability for personal injury or death.
37. The Service Provider will not be liable to any person in any way in relation to this Service or the prize(s) (including, but not limited to personal injury) except for any liability that cannot be excluded by law.
38. The Service Provider reserves the right to verify the validity of a Member's right to redeem a prize in accordance with these terms. The Service Provider's decision in relation to any aspect of The Service is final and binding and no correspondence will be entered into.
39. Subscription for the Service constitutes The Member's consent to The Service Provider using that person's name, city or town of residence and photographs for internal promotional purposes. No objection by The Member based on privacy or otherwise is permissible.
40. The Service Provider will hold The Member's personal information (including e-mail address) confidential to it and The Facilitator and The Service Provider retains the right to use that information for promotional purposes and activities.
41. The Distributor is not obliged to apply credits to a mobile phone account owned by an organisation that does not permit receipt of such credits.
42. The user acknowledges that the Distributor may require that mobile phone credit received pursuant to this Service, may only be used for airtime calling in New Zealand and may not necessarily be available when the user is roaming overseas.
43. The Service Provider reserves the right to extend, change, or terminate The Service at any time. No claim may be made against The Service Provider or any of its agents or employees in connection with such change or cancellation.
44. By Subscribing to the Service, The Member is deemed to accept all these terms and conditions. These terms and conditions form an agreement between The Member, The Service Provider, The Gateway and The Facilitator.
45. The Member accepts that they have been given an opportunity to read and accept these terms and conditions of The Service, before using The Service.
46. Alterations to these terms and conditions may only be made by The Service Provider or The Facilitator and will be posted on The Service Provider's Website. Members are encouraged to check The Service Provider's website regularly to ensure that they are not affected by any changes to these terms and conditions.
47. For any questions, please contact our helpdesk team:
- Toll free on 0800HOOHAA (0800 466422) Monday to Friday, between 9 am and 5 pm. Our Help Desk fields lots of calls, so please leave your name and number and we promise we'll get back to you as soon as we can.
- Online contact form
- Email : firstname.lastname@example.org