Terms and Conditions

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PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our Users, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.

PLEASE NOTE: YOU MUST BE AN INDIAN RESIDENT WITH AN ACTIVE MOBILE PHONE CONECTION IN ORDER TO PARTICIPATE ON OUR WEB SITE.


In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff Order 1999 (Forty Fifth Amendment 2007) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the SMSNow website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the SMSNow website. The reasonable use of the SMSNow website shall automatically bind the Users to this agreement.

It is important to understand that SMSNow offers free SMS services to its Users so that they can send personal SMS messages to their known persons. It is vital to realize that communication should be between known persons. You may not use the SMSNow products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.

During the registration process, the User has to provide his/her mobile number that acts as User’s identity while using SMSNow products and/or services. By registering on SMSNow website, user explicitly agrees to update SMSNow whenever there is a change in the status of his/her mobile number.

Delivering contextual advertisements and related links is the key to provide our Users this free service. A standard SMS can be up to 160 characters. Users send free SMS up to 80 characters in length. Advertisers append a contextual advertisement to this SMS making up the rest of the 80 characters. Users get this free SMS text messaging service in exchange for opting in to have targeted ads appended to their messages. As a User, you opt in to carry advertisements in your personal SMS and in exchange you get to send SMS free.


Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update SMSNow whenever there is a change in the status of your mobile number.

On the first login, the User is prompted to change his password. The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The user shall understand their account with SMSNow website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. SMSNow shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify SMSNow immediately regarding any unauthorized use of their accounts or of any other breach of security.

SMSNow finds no activity in any User's account for more than 30 days, SMSNow, in its sole discretion, might terminate/suspend such User’s account, without any prior notification.


USER OBLIGATIONS AND DUTIES

SMSNow expressly prohibits any commercial use of SMSNow products and/or services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through SMSNow products and/or services.

The Users acknowledge that SMSNow and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.

SMSNow provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:

  • Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message

  • Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services

  • Modify, translate, or create distinctive and derivative works based on the Products and/or Services

  • Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise)

  • Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent

  • Transmit any unlawful, harassing, libellous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature

  • Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity

  • Defames or slanders any person, or try to infringe upon any person's privacy rights

  • Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs

  • Interfere with or disrupt the networks connected to SMSNow or violate the regulations, policies or procedures of such networks

  • Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to SMSNow

  • Interfere with another User's peaceful use and enjoyment of the Products and/or Services

  • Engage in any other activity that SMSNow could believe may subject it to criminal liability or civil penalty or judgment
     

You agree to not use the Products and/or Services to:

  • Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable

  • Harm minors in any way

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity

  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
    "Stalk" or otherwise harass another



LIMITATIONS OF SMSNow PRODUCTS AND/OR SERVICES

SMS Messages will be considered as delivered when SMSNow has delivered, or sent the messages to the immediate destination that SMSNow.INCore Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. SMSNow does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers, as delivery (or failure to deliver) to the intended receiver/handset/device is outside of the control of SMSNow.

Although SMSNow makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic.

SMSNow lays no claim to its network coverage. Although SMSNow focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of SMSNow.INor of its Service Providers' Networks. This may lead to messages not being delivered to those particular networks. At any point in time, there can be networks that SMSNow is unable to deliver to.

Though the sender name shall be displayed as SMSNow.in (or SMSNow’s mobile number in case of CDMA subscribers), User’s mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. It is the User’s responsibility to provide correct mobile number when registering with SMSNow website.

SMSNow assumes no responsibility for the deletion or failure to store information. Currently, SMSNow has set an upper limit on the number of messages an User may send; however, in the future, with/without prior notification, SMSNow may increase or reduce the number of SMS messages able to be sent by a user and the amount of storage space available to each User.

SMSNow reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist in the destination region or an intended recipient has requested that all SMSNow messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).

SMSNow reserves the right to block messages from being send across its network that are the subject of end receiver’s complaint or messages that SMSNow considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.



TERMINATION, CANCELLATION AND/OR SUSPENSION OF USER ACCOUNT

SMSNow continually makes efforts to improve its existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, SMSNow shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the SMSNow Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.

The User has the right and is free to terminate or cancel this Agreement and his/her SMSNow account at any time and for any reason. The User only has to intimate SMSNow by sending an email (smsnow.in@gmail.com) of this intention.

SMSNow can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in SMSNow's sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by SMSNow shall come into effect immediately after giving notice by SMSNow to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, SMSNow has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.

SMSNow reserves the right to suspend the User's account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User's status as being a SMSNow User, or the content of the messages originating from the User.

In the event that SMSNow has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, SMSNow additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.

Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using SMSNow Products and/or Services and removes all the SMSNow software and applications on any computer, database, and server (local or remote) in its possession or under its control. SMSNow shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.
WARRANTIES AND LIABILITIES

While it is to be understood that SMSNow shall make all efforts to ensure that the Products and/or Services are reasonably available, through the required access protocols, and shall endeavour to maintain connections to as many Aggregators, Gateways and Carriers as are, in its discretion, commercially viable, the User acknowledges that SMSNow/SMSNow.INcannot guarantee the availability of the Products and/or Services at all times and all locations. The User expressly acknowledges and agrees that the use of the Products and/or Services is generally at its own risk and that SMSNow Products and/or Services are being provided "AS IS" and "AS AVAILABLE" without any warranties or conditions whatsoever, express or implied.

SMSNow does not make any warranties or representations that the SMSNow website shall be available at all times. Users acknowledge that the SMSNow website may be unavailable due to updates or other causes beyond the reasonable control of SMSNow, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

Though SMSNow shall take all reasonable caution about the quality and accuracy of content available from the SMSNow website, SMSNow does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors. The information, ideas and opinions expressed on the SMSNow website should not be regarded as professional advice or the official opinion of SMSNow, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the SMSNow website.

SMSNow shall take all reasonable steps to secure the content of the SMSNow website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, SMSNow does not make any warranty or representation that the said content shall be 100% safe or secure.

SMSNow is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the SMSNow website.

Hyperlinks to the SMSNow website from any other source shall be directed to the home page of the SMSNow website. Links beyond the SMSNow home page may only be used with SMSNow's prior written consent and permission. Persons that wish to link to pages beyond the home page of the SMSNow website without SMSNow's prior written consent shall do so at their own risk and indemnify SMSNow against any loss, liability or damage that may result from the use of such hyperlinks.

SMSNow may provide hyperlinks to websites not controlled by SMSNow and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. SMSNow does not editorially control the content, products and/or services on such websites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through such websites.

SMSNow (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of SMSNow Products and/or Services, the SMSNow website, websites linked to the SMSNow website, any content available on the SMSNow website, any downloads from the SMSNow website, and/or any other reason which is not directly related to SMSNow's gross negligence.

SMSNow (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify SMSNow for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.

Without in any way limiting the foregoing, SMSNow shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.

The SMSNow Products and/or Services are not fault-tolerant and are not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of SMSNow could lead directly to death, personal injury, or to severe physical or environmental damage ("high risk activities"). In addition to all the other disclaimers and limitations contained within this Agreement, SMSNow and its affiliates, agents, content providers, services providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities which may also include emergency notification services.
THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for the Warranties and Liabilities set forth herein are for the benefit of SMSNow and its affiliates, agents, content providers, services providers, partners and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
INDEMNIFICATION

The User agrees to indemnify, hold harmless, and defend SMSNow and its affiliates, agents, content providers, services providers, partners and licensors against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to –

* The use of the Products and/or Services in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and
* Any claims made by third parties arising from issues related to any failure, delay or interruption of the Products and/or Services.

The User agrees to cooperate as fully as reasonably required in the defence of any claim. SMSNow reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.

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