By
accessing or using the service, you agree to be bound by the terms and
conditions set forth below as well as the terms and conditions published on the
INFRONICS site at www.infronics.com (the "site"). If you do not wish
to be bound by these terms and conditions, you may not access or use the
service. INFRONICS may modify this agreement at any time, and such
modifications shall be effective immediately upon posting of the modified
agreement at the site. You agree to review the agreement periodically to be
aware of such modifications and your continued access or use of the service
shall be deemed your conclusive acceptance of the modified agreement.
The CUSTOMER also must comply with
the usage policy as per the Telecom Regulatory Authority of India, policies in
effect from time to time. The website current policies can be checked in the
TRAI website
| 1. DEFINITIONS |
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“Application Services” mean Consumer Centric & Enterprise Centric services based on
current and future mobile applications on SMS medium.
“MO SMS” means mobile originating SMS.
“MT SMS” means mobile terminating SMS.
eZSMS” means Messaging Suite which is the messaging platform that is connected to the
various mobile carriers to send the SMS to the mobile numbers of respective Customers.
“Push Services” means various messages sent by CUSTOMERS by using the tools or website or by using
application interfaces provided by INFRONICS by calling the appropriate URL (HTTP/HTTPS)
or via manual upload or in any other way as may be agreed between the Parties.
“Response” means message sent by a subscriber on a designated short code through SMS.
“SMS” or “Short Messaging Service” means text-messaging services provided by to its
Subscribers. will be construed to have happened if Mobile Subscriber is sent un-solicited
information of any kind.
“Successful submission”: shall occur when a message was submitted by INFRONICS to Operators
SMSC for delivery to the Mobile Subscriber.
“Effective Date” means the date on which the services under this Agreement commences.
The headings herein are for convenience only and shall not affect the interpretation of this agreement.
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| 2. THE SERVICE |
| a. |
INFRONICS provides the SMS Service with the capability to send SMS to mobile phones via the World Wide Web on the INFRONICS System. INFRONICS may terminate, change, suspend or discontinue the SMS Service, including the availability of any features of the Site, at any time. |
| b. |
Although INFRONICS has business arrangement with all major mobile service providers OR aggregators (provisioning of services might be effected on revoke of business arrangement with any of the service providers). |
| c. |
INFRONICS may from time to time provide additional services OR remove some services according to the sole discretion of INFRONICS |
| d. |
Infronics has the right to withdraw this or any of its services offered with a 1 week notice by email OR by sending SMS to the CUSTOMERS number OR through FAX. |
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| 3. MEMBER ACCOUNT |
| a. |
Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. |
| b. |
You must accurately complete any subscriber information requested by INFRONICS. The SMS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the INFRONICS Services are appropriate for your child. As set forth in the INFRONICS Privacy Policy, INFRONICS adheres to the requirements of the Children's Online Privacy Protection. |
| c. |
To open an account for usage of the SMS Service, the User must provide true and accurate information as labelled by the Registration Form and shall labelly update such information to keep it true and accurate. The User shall choose a user name and a password will be sent to the email address indicated in his registration form. |
| d. |
The User is entirely responsible for the privacy, confidentiality and storage of username and password. |
| e. |
All activities that can be traced to the username and password of the User are deemed as having performed by User. |
| f. |
INFRONICS does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. |
| g. |
You are fully responsible for any charges and liabilities incurred through the use of the SMS Service or Your Account and for any activities conducted through Your Account. |
| h. |
In addition, INFRONICS may temporarily disable access to Your Account if you report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify INFRONICS immediately of any unauthorized use of the account at INFRONICS. |
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| 4. USE OF ACCOUNT |
| a. |
You and other users of Your Account must comply with all applicable laws and regulations in using the SMS Service. You may not use the SMS Service for any of the following purposes or in any of the following manners: (i) to impersonate or harass any other person; (ii) to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose); (iii) that violates any person's rights of privacy or publicity, (iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization, (v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the INDIAN REPUBLIC the country in which you reside; (vi) to intercept any communications not intended for you; (vii) to release, post, distribute or execute any viruses or other harmful computer code; or (viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or (ix) to engage in "spamming," transmission of "junk sms" or "chain letters" or unsolicited mass distribution of SMS or any similar conduct. |
| b. |
INFRONICS does not control the data, information or other postings provided by other users that are made available through the SMS Service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the SMS Service or relying on any data, information or other postings provided through the SMS Service. |
| c. |
At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages you send without delivering them or prevent messages from reaching you. User may not use the SMS Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the SMS Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers. |
| d. |
You acknowledge that INFRONICS may establish general practices and limits concerning use of the SMS Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the SMS Service, the maximum number of messages that may be sent from or received by an account on the SMS Service, the maximum size of any message that may be sent from or received by an account on the SMS Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the SMS Service in a given period of time. You agree that INFRONICS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SMS Service. You acknowledge that INFRONICS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that INFRONICS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. |
| e. |
User agrees that INFRONICS may terminate User's Account and use of the SMS Service (and other INFRONICS services) if INFRONICS believes User has in any manner (i) violated the terms and conditions of this Section 4, (ii) violated the SMS Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by INFRONICS, (iii) violated this Agreement, (iv) provided INFRONICS false, inaccurate or incomplete not current information, or (v) violates any applicable law, regulation or rule of any state or country. |
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| 5. PRIVACY |
| a. |
INFRONICS recognizes that our users have legitimate concerns about privacy. By accepting this Agreement, you expressly consent to uses and disclosures of your personal information as enumerated in INFRONICS site then-current privacy policies, which are incorporated herein by reference. Our current privacy policy is available at INFRONICS Privacy Policy. User will own any personal user information or other registration information that User has given us as part of the registration process (your "Registration Information"). With respect to User's Registration Information, User agrees to grant INFRONICS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright and publicity rights you have in your Registration Information and any information You provide to INFRONICS or other users within the publicly accessible areas of the SMS Service or the Site, in any media now known or not currently known. INFRONICS will only use your Registration Information in accordance with our Privacy Policy. |
| b. |
The CUSTOMER must comply with the usage policy as per the Telecom Regulatory Authority of India, policies in effect from time to time. The website current policies can be checked in the TRAI website http://www.trai.co.in |
| c. |
Its CUSTOMERS responsibility to Check and Comply with TRAI policies from time to time. |
| d. |
As an “ACCOUNT” (The “USER” or “YOU” or “YOUR”) for use of the INFRONICS SMS Service (The “SMS” Service) will abide by the regulations of Telecom Regulatory Authority of India (TRAI) on telemarketers making calls OR SMS to numbers registered in "Do Not Call" list under "Telecom Unsolicited Commercial Communications Regulations, 2007," |
| e. |
All telemarketers will have to verify the telephone numbers list with the NDNC registry before making a call OR sending SMS. Each telemarketer will have to register with NDNC Registry to avail of the facility of scrubbing their calling list. |
| f. |
As per TRAI (Telecom Regulatory Authority of India, www.trai.co.in) an “ACCOUNT” (The “USER” or “YOU” or “YOUR”) will make sure that your Company and your Customers would not use Numeric Sender ID and get the Senderid list to be approved from TRAI CLI for SMS Communications. Only SENDERID approved will be allowed to use. |
| g. |
Request for SENDERID will be accepted only through written request with company documents and Allotment of SENDERID will be governed by the TRAI rules or rules in effect from time to time by various government bodies. |
| h. |
The CUSTOMER Mobile No to which the activation code has been sent is responsible for all the activities done through his account. |
| i. |
Any change or discontinuation has to be informed to INFRONICS in written form |
| j. |
If the CUSTOMER fails to inform about change in number, all the liabilities lies to ACCOUNT and the mobile number to which activation has sent |
| k. |
Any change in this Number will be intimated well in advance, as the same reflects for CDMA Users. |
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| 6. CONTENT |
| a. |
You understand that INFRONICS has no editorial control over any third party content and that INFRONICS does not guarantee the accuracy or completeness of any third party content. |
| b. |
You agree that INFRONICS will have no liability to you, or anyone else who uses Your Account, with regard to any third party content. |
| c. |
Under no circumstances will INFRONICS be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, sent via SMS, or otherwise transmitted via the Service. |
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| 7. MODIFICATION TO THE SERVICE |
| a. |
User acknowledges that INFRONICS is dependent on various telecommunications networks and institutions for the delivery of its messages and that INFRONICS may adjust its prices and offering, should the prices be adjusted due to reasons that are not in INFRONICS control. User will be notified of any such changes through publication on the Site or through e-mail OR via SMS message describing the change. |
| b. |
You understand that INFRONICS may, in its discretion, from time to time change, add, or remove certain features of the SMS Service or change the terms of this Agreement by informing you through publication on the INFRONICS website or through an email describing the changes. If you are dissatisfied with any such changes to the SMS Service or this Agreement, you may immediately cancel your Account as provided in Section 10 of this Agreement. In addition, INFRONICS reserves the right to discontinue the SMS Service altogether for all users at any time in its discretion. |
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| 8. DISCLAIMERS AND WARRANTIES |
| a. |
You understand and agree that the SMS service is provided on an "as is" and "as available" basis. INFRONICS and its suppliers make no warranty that the service will meet your requirements or that use of the SMS service or the site will be uninterrupted, timely, secure, or error-free; nor do INFRONICS or its suppliers make any warranty as to the results that may be obtained from use of the SMS service or the accuracy, reliability or timeliness of any information obtained through the SMS service (including third party content), or that any defects in the SMS service will be corrected. Simply put, INFRONICS makes no representation of delivery, receipt or termination of an SMS message. User also acknowledges that, depending on the recipient's mobile service provider, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all. INFRONICS and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the SMS service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the SMS service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. Some states or jurisdictions do not allow the exclusion of certain warranties. Therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law. |
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| 9. LIMITATIONS ON LIABILITY |
| a. |
INFRONICS and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if INFRONICS has been advised of the possibility of such damages), resulting from use of the SMS service by you, or anyone using your account, including, but not limited to: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the SMS service or the site; or (iv) any damages or loss of any nature arising from or relating to your use of the SMS service or use of the SMS service through your account by anyone else. |
| b. |
You shall provide message instructions to your subscribers to unsubscribe from the messaging. |
| c. |
You shall be solely responsible for the content of the message and we are only a facilitator for the transmission of the message. You shall indemnify us against any legal dispute and any consequential losses that may arise solely on the reason of the message transmitted by you under this scheme. |
| d. |
INFRONICS shall in no event be liable to the user or anyone else 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 SMS service generally, the site, any other INFRONICS service and any aspect ancillary thereto; |
| e. |
INFRONICS shall in no event be responsible for the security of the data transmissions between INFRONICS and the user, including but not limited to the transmission of the payment information such as credit card numbers. INFRONICS expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between INFRONICS and the user. |
| f. |
INFRONICS total cumulative liability to you and anyone who uses the SMS service through your account, for any and all claims under any theory of law (including negligence), will not exceed the aggregate amount you paid to INFRONICS in the preceding twelve months. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting INFRONICS liability beyond what is permissible under applicable law. |
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| 10. RELEASE AND INDEMNIFICATION |
| a. |
In the event that you have a dispute with one or more users, you release INFRONICS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release. |
| b. |
CUSTOMERS agrees to defend, indemnify and hold harmless INFRONICS and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the SMS Service, or Your use of the SMS Service. |
| c. |
CUSTOMERS will indemnify, defend and hold harmless INFRONCIS from and against all costs, damages, liabilities and agreed expenses, including without limitation attorneys’ fees, out of pocket expenses, legal costs and disbursements, incurred in connection with any suit, claim, action or proceeding by any third party Claims. |
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| 11. TERMINATION OF ACCOUNT |
| a. |
You may terminate Your Account, at any time and for any reason or no reason, by contacting INFRONICS customer service with a written request. |
| b. |
Notifying INFRONICS in any other way of your desire to terminate your Account may result in delays in processing your request. |
| c. |
INFRONICS, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the SMS Service, for any reason, including, without limitation, for lack of use or if INFRONICS believes that You have violated, acted inconsistently with this Agreement or if the charges to Your credit card or debit card for the fees are refused for any reason. |
| d. |
Upon any such termination of Your Account, You will remain obligated to pay all outstanding fees and charges relating to Your use of the SMS Service before termination. |
| e. |
You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that INFRONICS may deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. |
| f. |
You are still liable for all the activities done through your account before terminating the account. |
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| 12. INTELLECTUAL PROPERTY RIGHTS |
| a. |
You acknowledge and agree that the SMS Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the SMS Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, you agree not to violate the intellectual property rights of INFRONICS or any third party. |
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| 13. GOVERNING LAW; ARBITRATION |
| a. |
In the event of any litigation or other legal proceedings between the parties, the prevailing party shall be entitled to reasonable attorneys' fees and all costs of proceedings incurred in enforcing this Agreement. The Courts in Hyderabad, India shall have exclusive jurisdiction to try and dispose of any proceedings arising out of this Agreement. The laws of the Union of India shall govern the validity, interpretation and performance of this Agreement. |
| b. |
The successful party to the arbitration or any litigation relating to this Agreement or the SMS Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief. |
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| 14. MISCELLANEOUS |
| a. |
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the SMS Service and supersede any prior or contemporaneous written or oral statements by INFRONICS or its representatives or resellers. |
| b. |
The failure of INFRONICS to exercises or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. |
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