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These
are the Terms of Service for use of the sms2gsm.com Messaging
Gateways.
The
sms2gsm.com service of sending messages to mobile phones
is maintained by Kaizen Communications Limited. ("Kaizen").
Usage of the sms2gsm.com service is subject to these Terms
of Service.
1).
Kaizen reserves the right to feature a brief promotional
statement ("sms2gsm.com") at the start or end of each free
message sent to listed networks.
2). Kaizen reserves the right to feature the originator
of all messages sent from the Kaizen servers and this shall
be sms2gsm.com.
3). Kaizen reserves the right to send occasional promotional
short messages to sms2gsm.com registered users.
4). Any illegal use of the sms2gsm.com Free SMS service
is prohibited, including the sending of messages containing
sexual, racist, hatred or discriminatory content and such
usage as maybe considered to represent harassment to an
individual or an organisation.
5). You are responsible for careful use and storage of the
username and password issued to you, it is your responsibility
to do this to prevent theft of login information.
6). You agree that all website activities which can be traced
to your username and password are deemed as having been
performed by yourself and are legally binding for you.
7). You accept responsibility for your message content,
in accordance with generally applicable laws. As such, Kaizen
does not assume any liability for content of messages sent.
You exempt Kaizen from any claim that may arise from third
parties as a result of message content. You are to be held
solely responsible. Kaizen reserves the right to exclude
you from using this service. You acknowledge that Kaizen
delivers SMS messages via major telecommunications companies,
mobile network providers and third party message centers
and can therefore only influence the delivery in respect
of transmission of SMS messages within the technical constraints
imposed by the above mentioned providers.
8). SMS messages submitted via sms2gsm.com will be transferred
to the addressed mobile recipients within seconds to minutes,
provided that the recipient's phone is switched on and located
in an area covered by his subscribed mobile network provider.
9). 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, particularly
if the provider does not support SMS delivery at all.
10). Kaizen neither claims nor guarantees either availability
or performance of this service.
11). While Kaizen makes every effort to deliver the message
promptly, Kaizen accepts no liability for transmission delays
or message failures. Kaizen debits transmitted SMS messages
from your online sms2gsm.com account according to its transmission
logs.
12). These transmission logs are deemed correct and valid
even if the customer has objected against the correctness
of the accounting records, but Kaizen's investigations have
not produced evidence of a technical problem or error.
13). The SMS pricing scheme is published on the sms2gsm.com
website.
14). Because Kaizen cannot guarantee delivery of the SMS
messages to recipients due to possible errors and outages
on the part of mobile network providers, Kaizen does not
refund undeliverable SMS messages to you.
15). The sms2gsm.com account balance is non-refundable and
does not bear interest.
16). If the account has been inactive for 12 months or more,
any existing account balance will be reset to zero without
prior notice.
17). In accordance with the legal requirements, usage data
is recorded for the necessary purposes of maintaining the
messaging service. In accordance with the principles of
data reporting, the usage data will be deleted again as
soon as possible.
18). Kaizen reserves the right to discontinue the service
or modify the Terms and Conditions of Service without prior
notice.
19). You use this service entirely at your own risk.
20). Refund policy for Premium Service customers: All purchases
are final.
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT)
INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE, ARE PROVIDED
"AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE
TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, Kaizen DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND
STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES
AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING
THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED
IN OR ACCESSIBLE FROM THIS WEB SITE. IN NO EVENT SHALL Kaizen
OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO
ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS,
DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED
TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE
OR NON-PERFORMANCE OF THIS WEB SITE OR THE SERVICES, EVEN
IF Kaizen HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY
OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
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