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Terms & Conditions

The Terms & Conditions specifies the actions permitted by SMS DEALS INC to its users of our services, including SMS and other services which may be introduced in future. SMS DEALS INC reserves rights to modify the policy at any time. All subscribers of Our Services, directly or indirectly are required to engage in acceptable use only as per this policy as modified from time to time.

A. Illegal use

SMS DEALS INC may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.

B. Subscriber conduct

Subscriber shall use SMS DEALS INC services for lawful purposes only. Subscriber shall not post or transmit using SMS DEALS INC services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the SMS DEALS INC express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in the SMS DEALS INC discretion restricts or inhibits any other Subscriber from using or enjoying SMS DEALS INC services will not be permitted. Subscriber shall not use SMS DEALS INC services to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the SMS DEALS INC services. Subscriber shall not upload, post or otherwise make available using SMS DEALS INC services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

C. System and Network Security

Violation of system or network security are prohibited, and may result in criminal and Civil Liability. The SMS DEALS INC will investigate incidents involving such violations and may involve/will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:  Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.  Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.  Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.  Harassing or threatening transmissions.  Probing for means of gaining unauthorized access to computers or networks.  Introducing or causing to be introducing any computer contaminant or computer viruses into system or network.  Introducing or causing to introduce any pornography material, SMS etc.

D. Indemnification

Subscribers agree to defend, indemnify and hold harmless the SMS DEALS INC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of SMS DEALS INC Services by subscriber or anybody else than the Subscriber, if any.

E. SMS

It is a condition of use of SMS DEALS INC services that subscriber do not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. User cannot use any sender Id to send sms other then his own name, SMS DEALS INC or firm’s name owned or managed by him/her. Using sender Id other then owned by him will cause the termination of account and all credits will be set to zero. A formal complaint will also be lodged (FIR) with the law & order agency. Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. SMS DEALS INC has no control on the contents of the SMS sent and SMS DEALS INC shall not be held responsible/liable directly of indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by SMS DEALS INC through its web interface.

SMS DEALS INC shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc. User shall use the facilities provided by SMS DEALS INC for delivery of SMS that terminates within India only. User also acknowledges that it will not use the capability of sending international SMS through SMS DEALS INC Web interface. User will not send unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMS sent by user using SMS DEALS INC Web interface must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user. User has complete control of the Sender-ID (Alphanumeric or Numeric) of the MT SMS sent through SMS DEALS INC SMS and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his/her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and SMS DEALS INC will in no way responsible for any such message and the subsequent fallout. SMS DEALS INC shall strive to deliver SMS immediately upon receipt from the user. However SMS DEALS INC Shall not be responsible for any delay, non receipt of SMS or any other interruption in providing Web interface facility, which may occur due to technical reasons or snags in the system, break down of Web interface or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of SMS DEALS INC. However, SMS DEALS INC acknowledges that it will put in its best endeavors to achieve the best success rate in delivery of the SMS messages so routed through its Web interface.

F. Cost policy

1. In consideration of SMS DEALS INC forwarding the SMS through its Web interface, User shall pay the agreed amount per SMS + taxes sent anywhere within India.

2. SMS DEALS INC shall be entitled to charge for all the SMS routed by its Web interface, irrespective of any delay, incomplete message and or non-receipt of the message by the irrespective mobile phone to whom such SMS has been forwarded, however, SMS DEALS INC bills the SMS only on delivery as per Web interface reports & CDR’s. SMS DEALS INC will notify any change in tariff to User.

3. SMS DEALS INC shall raise bills at the time of buying the credits by user. The number of MT SMS submitted by user shall be counted for settlement.

4. Service Taxes would be as applicable, currently@12.36%.

5. User agrees to pay the bill amount immediately when sent by SMS DEALS INC. Such payments shall be in Indian Rupees (INR).

6. The bill generated by SMS DEALS INC shall be the conclusive proof of the SMS sent by web interface of SMS DEALS INC and the same shall be honored by user, however in case of any anomaly found by user, he will present its statistics and both parties will resolve the anomaly.

7. SMS DEALS INC shall not be responsible in any manner whatsoever to user or any other third party for delayed, incomplete and non-delivery of SMS due to technical reasons.

8. No unsolicited/objectionable message should be sent by user.

9. Bulk SMS will be sent by user to national customer only.

10. Timing decided for sending these SMSs is 9am to 9 pm except time critical messages which should be delivered without delay.

11. Nature of content and primary applications to be specified by user.

12. The Bulk SMS rates are subject to change.

13. In case of change/revision of IUC for inter operator termination charges; these Bulk SMS charge will revise. User will have to pay the differential amount in order to send nonconsumed sms. In case TRAI revised ANY Extra Charges above 1 Paisa per SMS e.g. interconnectivity Charges, the User will have to bear all such charges for the Balance Sms Credits in their account. The Provider SMS DEALS INC reserves the Right to suspend User Account 7 days after giving a Notification by E-Mail or SMS to the Client in case the client does not deposit the Differential Amount to the Provider. A copy of all such Policies will be provided to the customer before charging anything extra.

14. We strictly follow rules and regulation mandated by TRAI, so we request all of our users to strictly follow the rules & regulation of TRAI. Website : www.nccptrai.gov.in

15. Prices may be increases at any point of time due to any price revision from network operator or TRAI.

16. In case of change/revision of IUC for inter operator termination charges, these bulk SMS charge will be revised. User will have to pay the differential amount in order to send nonconsumed sms credits. In case TRAI levies ANY Extra Charges above 1 Paisa / SMS e.g. interconnectivity Charges, all user will have to bear all such charges for the balance Sms Credits in their account. The Provider SMS DEALS INC reserves the Right to suspend User Account Seven days after giving a Notification by E-Mail or SMS to the Client on their registered contact details, in case the client does not deposit the differential amount to the provider. A copy of all such policies will be provided to the customer before charging anything extra.

G. Refund Policy

Before starting any relationship with us we advise you to test our services. We do not offer any refund of money at any stage or at any condition once the transaction has done unless SMS DEALS INC agreed. In case, SMS DEALS INC agreed to refund money it will take 60 to 90 days but not more than that from the date of request received by SMS DEALS INC through e-mail (registered with the SMS DEALS INC) or by regular post. All charges like monthly fee (pro-rata basis), sms charges, 15% processing charges will be deducted from the refundable amount.

H. Enforcement of Terms & Conditions for SMS DEALS INC

subscribers Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a SMS DEALS INC subscriber or a subscriber’s end user, shall be considered violation of the policy by such customer or end user. Any user found violating the above T&C is liable for action under the prevailing laws including termination of services without any prior notice. We also want to advise you that if, you do not agree with any of the condition mentioned above kindly do not register / purchase / deal with us.

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