This is a legally valid agreement that lays out the terms and conditions for the
use of all services which comes under promo.up2sms.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
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 promo.up2sms.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 promo.up2sms.com does not assume any liability for the content of messages sent.
- TEAM promo.up2sms.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 promo.up2sms.com believes could subject it to criminal liability or civil penalty/judgment.
- You acknowledge that TEAM promo.up2sms.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 promo.up2sms.com neither claims nor guarantees the availability or performance of this service and accepts
no liability for transmission delays or message failures. While TEAM promo.up2sms.com makes every effort to deliver messages promptly.
- TEAM promo.up2sms.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 promo.up2sms.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 promo.up2sms.com has
produced evidence of a technical problem or error.
- TEAM promo.up2sms.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 through promo.up2sms.com services from your account,
which are transmitted as per your request.
- You shall indemnify and reimburse TEAM promo.up2sms.com all liabilities, costs, losses and damages, in case of
any claim brought against TEAM promo.up2sms.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
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 Team promo.up2sms.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,
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 promo.up2sms.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.
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