TERMS OF USE
This is a legally valid agreement that lays out
the terms and conditions for the use of all services which comes
under SastaBulkSMS.com Service agreed by you. The
usage of the service is limited under all the terms &
conditions herewith published. This agreement shall be governed by
the rules and regulations of the authorities of the government of
India. Please read this agreement carefully. All notices under
this agreement will be considered as written and have been duly
signed once the same is electronically confirmed.
SERVICE USAGE POLICY
You agree to abide by all applicable local,
national and international laws and regulations. You are solely
responsible for all acts or omissions that occur under your
account, including the content of the messages transmitted through
the service. The SMS service that sends/receives messages to/from
mobile phones is maintained by TEAM SastaBulkSMS.com. The
utilization of the SMS service is subject to the following Terms
of Service.
Any illegal use of the SMS
service is strictly prohibited.
Messages containing sexual,
racist or discriminatory content or any such usage of them may be
considered as harassment and you are to be held responsible for
this. TEAM SastaBulkSMS.comdoes not assume any liability
for the content of messages sent.
TEAM SastaBulkSMS.com will
be exempt from any claim that may arise from third parties as a
result of message content.
You guarantee that the content
of any SMS always respects and does not in any way conflict with
fundamental human rights or will follow the norms of Intellectual
Property Right laws. (E.g. right to privacy, prohibition of
discrimination on any ground such as sex, race, color, language,
religion, political or other opinion, national or social origin).
You accept that the service is
provided for professional use only and you agree not to use it
to:
Promote alcohol, music,
dancing, dating, gambling or deception.
Send unsolicited messages
(i.e. mobile spam) and to therefore ensure that your messages
are only sent to individuals that have given you their
permission.
Harvest, or otherwise collect
information about others, without their consent.
Mislead others as to the
identity of the sender of your messages, by creating a false
identity, impersonating the identity of someone/something else
or by providing contact details that do not belong to you.
Transmit, associate or publish
any unlawful, racist, harassing, libelous, abusive, threatening,
demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise
objectionable material of any kind. As a general guideline, if
your content is not suitable for ages 13+, it most likely goes
against our Usage Policy.
Transmit any material that may
infringe upon the intellectual property rights of third parties
including trademarks, copyrights or other rights of publicity.
Transmit any material that
contains viruses, Trojan horses, worm, time bombs, cancel-bots
or any other harmful/deleterious programs.
Interfere with, or disrupt,
networks connected to the service or violate the regulations,
policies or procedures of such networks.
Attempt to gain unauthorized
access to the service, other accounts, computer systems or
networks connected to the service, through password mining or
any other means.
Interfere with others use and
enjoyment of the service.
Engage in any other activity
that Team SastaBulkSMS.com believes could subject it
to criminal liability or civil penalty/judgment.
You acknowledge that
TEAM SastaBulkSMS.com delivers SMS messages via major
telecom operators and can therefore only influence the delivery
transmission of SMS messages within the technical constraints
imposed. SMS messages submitted via Internet will be transferred
to mobile network providers, provided that the recipient's phone
is switched on and doesn't have a full memory and is located in
an area covered by its subscribed mobile network provider. You
acknowledge that, depending on the recipient's mobile provider
service, it may not be possible to transmit the SMS message to
the recipient successfully.
You are responsible for the
privacy and storage of the user-name and password. You agree that
all activities made through your account are legally bonded to
you.
TEAM SastaBulkSMS.com neither
claims nor guarantees the availability or performance of this
service and accepts no liability for transmission delays or
message failures. While TEAMSastaBulkSMS.com makes every
effort to deliver messages promptly.
TEAM SastaBulkSMS.com doesn't
refund the credits for undeliverable SMS messages to you because
we cannot guarantee delivery of the SMS messages to recipients
due to possible errors. TEAM SastaBulkSMS.com debits
transmitted SMS messages according to its transmission logs.
These logs are deemed correct and valid even if the customer has
objected to the correctness of the accounting records, except if
investigation by TEAM SastaBulkSMS.com has produced
evidence of a technical problem or error.
TEAM SastaBulkSMS.com reserves
the right to exclude you from using this service, refunding you
any remaining amount in your account. All purchases must be
considered as final, in compliance with our no refund policy.
The SMS account balance is
non-refundable and does not bear interest. All the SMS must be
used in the validity period from the date of the purchase and no
carry forward of the credits will be made unless otherwise
defined in a separate contract.
You under take the whole
responsibilities regarding the messages sending
throughSastaBulkSMS.com services from your account, which
are transmitted as per your request.
You shall indemnify and reimburse TEAM SastaBulkSMS.com all
liabilities, costs, losses and damages, in case of any claim
brought against TEAM SastaBulkSMS.com from any third
party due to breach of contract.
LIMITATION OF LIABILITY
Whilst we will take all reasonable steps to deliver
your messages to recipients as fast as possible, we cannot commit
to, or guarantee, a specific delivery time. Such times depend on
various network and system-related factors among the various
entities involved in the transportation of your messages across
the cellular mobile networks.
Furthermore, delivery
reports and the originator are operator dependant features and so
it is not possible for us to give 100% guarantees for their
availability. We recommend that tests should be conducted
beforehand when these features are considered to be of high
importance.
You acknowledge that as we send and
receive text-messages via major telecommunications companies and
Mobile Network Operators, our influence over the transmission of
your messages is within the technical constraints imposed upon
us.
Our responsibility is therefore to ensure that
the text-messages you send through the service are processed
correctly and delivered to the assigned entity. We are not
responsible for the final delivery of the message, as this is out
of our control and is the responsibility of the Mobile Network
Operator.
SMS that cannot be delivered within the
life span allocated to them, either by us or a Mobile Network
Operator will be discarded by the Mobile Network Operator, without
any notice. We are not liable for any loss incurred by the failure
of a message to be delivered and you acknowledge that damages for
financial or other loss resulting from delivery failure cannot be
claimed from TeamSastaBulkSMS.com.Furthermore, you agree that
message contents are deemed to have zero value.
You
also acknowledge that text-messages are transmitted unencrypted
and that eavesdropping of mobile phone communications, including
SMS delivery, by third parties is possible. We also recommend that
you ensure sensitive and valuable information is communicated by a
number of communication methods.
Furthermore, use of
the service and the Internet is at its own risk and that the
service is provided "as is" and "as available",
without any warranties or conditions whatsoever, expressed or
implied. We will use all commercially reasonable efforts to make
access to the service available through the required access
protocols, but make no warranty or guarantee that you will be able
to access the service at any particular time or any particular
location. Without limiting the generality of the terms set forth,
we and our affiliates, agents, content providers, service
providers, and licensees
Hereby disclaim all express
and implied warranties as to the accuracy, completeness,
non-infringement, merchantability or fitness for particular
purpose of the service generally, and any content or services
contained therein, as well as all express and implied warranties
that the operation of the service generally and any contentor
services contained therein will be uninterrupted or
error-free.
Shall in no event be liable for any
inaccuracy, error or omission in, or loss, injury or damage caused
in whole or in part by failures, delays or interruptions of the
service generally, and any aspect ancillary thereto; you agree to
indemnify us for any third party claims arising from such
failures, delays or interruptions in connection with regard to the
use of the service.
Notwithstanding anything to the
contrary contained herein, the provisions outlined above are for
the benefit of Team SastaBulkSMS.com and its
affiliates, agents, content providers and service providers and
each shall have the right to assert and enforce such provisions
directly on its own behalf.
MODIFICATION OF TERMS
We frequently update, modify and otherwise
continually seek to improve the service and such changes often
dictate that we simultaneously modify the terms and conditions of
use. As such, we have the right to modify the terms of this
agreement and to change or discontinue any aspect or feature of
our service, in either case, as it deems reasonably necessary. If
you do not agree with any such changes, your use of the service
may be cancelled in accordance with the procedures for
cancellation set forth in this agreement. You acknowledge your
responsibility to review this agreement from time to time and to
be aware of any such changes and, should you request, we will be
happy to keep you informed if/when such changes take
place.
Furthermore, you accept that should there be a
contradiction between other specific terms & conditions and
these general terms & conditions, the other specific terms &
conditions shall apply.
TERMINATION
If at any time you breach the terms & conditions
of the service, we may elect to suspend, terminate and/or cancel
this agreement and/or recover any damages from you arising from
the event(s) giving rise to the suspension, termination or
cancellation. We reserve the right to suspend your service at any
stage for any reason we may deem necessary to continue to provide
any of our services in a way that may be hindered by your status
as being our client, your financial status or the content of the
messages originating from you.
Upon any such termination,
cancellation and/or suspension, you are still responsible for any
obligations then accrued. Payment and other obligations under this
agreement are not suspended, stayed, or otherwise affected by a
suspension of access to / or use of the service (in whole or in
part) where said suspension arises from your failure to comply
with, or violation of, the terms of this agreement or of any law
or legal obligation. Upon termination and/or cancellation, for any
reason, you agree to immediately cease using the service and we
shall have no obligation to you after any termination or
cancellation of this agreement.
You are also free to
terminate or cancel this agreement at any time, and for any
reason. For such a termination or cancellation to be effective
however, you must inform us in writing through email, you will
still be under the responsibilities of this agreement for the
duration that you used the service and you will cease to have
access to the use of any credits that may exist in your account
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