Terms & Conditions | XpressSMS
 

Terms & Conditions

Terms & Conditions

This is a legally valid agreement that lays out the terms and conditions for the use of all services which comes under “XPRESSSMS” 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.


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 XPRESSSMS. The utilization of the SMS service is subject to the following Terms of Service.

  1. Any illegal use of the SMS service is strictly prohibited.

  2. 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. XPRESSSMS does not assume any liability for the content of the messages sent.

  3. XPRESSSMS will be exempt from any claim that may arise from third parties as a result of the message content.

  4. 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).

  5. 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 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.

    • 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, worms, 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 XPRESSSMS believes could subject it to criminal liability or civil penalty/judgment.

  6. You acknowledge that XPRESSSMS delivers SMS's via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS's 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 to the recipient successfully.

  7. You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the activities carried out through your account.

  8. XPRESSSMS neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures due to operator issues. While XPRESSSMS makes every effort to deliver messages promptly.

  9. XPRESSSMS doesn't refund the credits for undeliverable messages to you because we cannot guarantee delivery of the SMS's to recipients due to possible errors. XPRESSSMS debits transmitted SMS's 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 XPRESSSMS has produced evidence of a technical problem or error

  10. XPRESSSMS 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.

  11. You undertake the entire responsibility regarding the messages sent through XPRESSSMS services from your account, which are transmitted as per your request.

  12. You shall indemnify and reimburse XPRESSSMS all liabilities, costs, losses and damages, in case of any claim brought against XPRESSSMS from any third party due to breach of contract.

  13. Pricing policy is liable to change with due amendments in the government rules and regulations which will be duly informed prior to the customer and the pricing will be revised based on mutual discussion.

  14. User has complete control of the Sender-ID (Alphanumeric or Numeric) of the SMS sent through XPRESSSMS 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 XPRESSMS will in no way responsible for any such message and the subsequent fallout.

  15. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  16. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

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, which will be informed prior. 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.

Termination

If at any time you breach the terms and 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 that occurred. 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 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.

Our terms and conditions as well as the prices are subject to change from time to time according to TRAI rules and regulations.


Disclaimer

  1. Whilst we will take all reasonable steps to deliver your messages to the 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.

  2. Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to give 100% guarantee for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.

  3. You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.

  4. 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.

  5. SMS's that cannot be delivered within the lifespan 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 concerning financial or other loss resulting from delivery failure cannot be claimed from XPRESSSMS. Furthermore, you agree that the message contents are deemed to have zero value.

  6. 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 superior communication methods.


Privacy Policy

Your privacy is important to us.

It is Veristics Networks Private Limited's policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.

  • We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.

  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

  • We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

  • We will only retain personal information for as long as necessary for the fulfilment of those purposes.

  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Veristics Networks Private Limited may change this privacy policy from time to time at Veristics Networks Private Limited's sole discretion.