| |
Kindly go through the terms
and conditions for use of the Nepal Telecom (NDCL) WEB SMS Service ("NDCL
WEB SMS Service" or "the Service") by the user ("user" or "client"). Any
user availing this service shall be bounded by these Terms and conditions. |
|
| |
PLEASE NOTE THAT THE USERS
AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT AND CONSENT
TO BE BOUNDED BY AND BECOME A PART TO THIS SERVICE AGREEMENT FROM THIS
MOMENT. |
|
| |
|
|
| 1. |
THE SERVICE |
|
| |
The Service shall consist of any browser
interface, SMS gateway access, data transmission, data access and data
storage. The User shall be responsible for obtaining and maintaining all
computer hardware, software and communications equipment needed to access
the Service, and for paying all access charges (e.g., ISP,
telecommunications) incurred while using the Service, (displayed during the
registration process).
WEB SMS reserves the right to change or
terminate the Service and/ or alter the terms and conditions of this
Agreement at any time without prior notice and with immediate effect.
|
|
| |
|
|
| 2. |
DELIVERY OF MESSAGES |
|
| |
Messages shall be deemed to have been
delivered when WEB SMS has delivered/sent the messages to the immediate
destination that WEB SMS's software is programmed to send. |
|
| |
|
|
| 3. |
USER ACCOUNT |
|
| |
To open an account for usage of the Service,
the User must complete the registration process by providing us with
current, complete and accurate information as prompted by the registration
Form. Inaccurate details shall result in suspension of the account. The User
will also choose a password and an account name. The User is entirely
responsible for maintaining confidentiality with regard to its password and
account information. Furthermore, the User is entirely responsible for any
and all activities that occur under its account.
The User agrees to notify WEB SMS
immediately of any unauthorized use of its account or any other breach of
security.
|
|
| |
|
|
| 4. |
MEMBER
PRIVACY |
|
| |
It is our policy to respect the privacy of
the User. WEB SMS will not monitor, edit, or disclose any personal
information about the User or the User's WEB SMS account, including its
contents, without the User's prior permission unless WEB SMS has a good
faith belief that such action is necessary to:
(1) Conform to legal requirements or comply
with legal process;
(2) Protect and defend the rights or property of WEB SMS;
(3) Enforce this Service Agreement or protect WEB SMS 's business or
reputation, including without limitation upon termination, cancellation or
suspension of this Agreement by WEB SMS; or
(4) Act to protect the
interests of the User or others.
WEB SMS’s service transmits the Sender's
name (From field) and/or email address with each message that the end-user
sends.
The User agrees that WEB SMS may access its
account, including its contents, as stated above or to respond to service or
technical issues.
The User hereby grants WEB SMS the right to
send the user communication via e-mail of any updates, upgrades, notices, or
other information that WEB SMS deems important for the user to know,
relating to the service. |
|
| |
|
|
| 5. |
LIMITATION OF LIABILITY |
|
| |
WEB SMS assumes no responsibility for the
deletion or failure to store information. WEB SMS has fixed the upper limit
on number of messages the User may send through the Service per day. Please
refer to see point 7 for more information on procedure at termination of the
service. WEB SMS prides itself on speedy
delivery of messages; messages may be delivered late due to queuing or
network traffic. This will still result in the message being seen as
"delivered" |
|
| |
|
|
| 6. |
MEMBER
OBLIGATIONS AND DUTIES |
|
| |
Any
unauthorized commercial use of the Service, is expressly prohibited. The
User agrees to abide by all applicable local, national and international
laws and regulations and is solely responsible for all acts or omissions
that occur under its account or password, including the content of any
transmissions through the Service. By way of example, and not as a
limitation, the User agrees not to: |
|
| |
| a. |
Use the Service in connection with chain
letters, junk SMS messages, spamming or any unsolicited messages
(commercial or otherwise); |
| b. |
Harvest or otherwise collect information
about others, including email addresses, without their consent; |
| c. |
Transmit through the Service, associate
with the Service or publishing with the Service unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature; |
| d. |
Libel,
defame or slander any person, or infringe upon any person's privacy
rights; |
| e. |
Transmit any material that contains
viruses, Trojan horses, worms, time bombs or any other harmful or
deleterious programs; |
| f. |
Interfere with or disrupt networks
connected to the Service or violate the regulations, policies or
procedures of such networks; |
| g. |
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; |
| h. |
Interfere with another User's use
and enjoyment of the Service or another entity's use and enjoyment of
similar services; or |
| i. |
Engage in any other activity that WEB
SMS believes could subject it to criminal liability or civil penalty or
judgment. |
|
|
| |
|
|
|
7. |
MODIFICATION OF TERMS;
TERMINATION, CANCELLATION, AND SUSPENSION |
|
| |
| a.
|
Modification of Terms. WEB SMS
frequently updates, modifies, and otherwise continually seeks to improve the WEB
SMS services. Such changes often dictate that we simultaneously modify our Terms
and Conditions of Use. As such, WEB SMS shall have the right to modify the terms
of this Agreement and to change or discontinue any aspect or feature of th+e WEB SMS service, in either case, as it deems reasonably necessary. Such changes
shall be effective immediately upon posting of such addition, change, or
deletion. Any use by the User of the Service after any such change has been
posted shall constitute the acceptance of any such changes. If the User does not
agree with any such changes, the Service may be canceled in accordance with the
procedures for cancellation set forth in this Agreement. The User acknowledges
its responsibility to review this Agreement from time to time and to be aware of
any such changes. |
| b.
|
Termination, Cancellation and/or Suspension
by WEB SMS; Disclosure of Information. This Agreement granted here under may be
terminated, canceled and/or suspended by WEB SMS at any time if, in WEB SMS's
sole discretion, the User breaches these Terms of Service. Such termination,
cancellation and/or suspension by WEB SMS shall be effective immediately upon
notification by WEB SMS to the User in any reasonable manner, including but not
limited to, notification by e-mail or without
notification. Upon, during, and/or after any such
breach, WEB SMS may elect to suspend, terminate and/or cancel this Agreement
and/or recover any and all damages from the User arising from or relating to the
event(s) giving rise to the suspension, termination or cancellation. WEB SMS
reserves the right to suspend the client's service at any stage for any reason
it may deem necessary to continue to provide any of its services in a way that
may be hindered by the Client's status as being a WEB SMS Client or the content
of the messages originating from the client
|
| c. |
In the event that WEB SMS receives
complaints from recipients or third parties with respect to the use of the
Service, WEB SMS additionally reserves the right, in its sole discretion, to
disclose any and all information to the recipient, applicable authorities or any
other party with regard to its clients and application Users.
|
| d. |
Termination or Cancellation by the User. The
User is free to terminate or cancel this Agreement at any time, in accordance
with Section 6(D).
|
|
|
| |
|
|
|
8. |
WARRANTIES OR LIABILITIES |
|
| |
| a. |
Generally, the user expressly
acknowledges and agrees that use of the service and the internet generally is at
its own risk and that WEB SMS is provided "as is" and "as available" without any
warranties or conditions whatsoever, express or implied. WEB SMS will use
commercially reasonable efforts to make access to WEB SMS available to the user
through the required access protocols, but makes no warranty or guarantee that
the user will be able to access WEB SMS at any particular time or any
particular location. |
| b. |
Warranties that the
operation of WEB SMS generally and any content or services contained therein
will be uninterrupted or error-free; (ii) 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
service generally, and any aspect ancillary thereto. |
|
|
| |
|
|
|
9. |
INDEMNIFICATION |
|
| |
The User agrees to indemnify, hold harmless, and defend WEB SMS and its
affiliates, agents, content providers and service providers, against any and all
claims, liabilities, damages, costs and expenses (including, but not limited to,
consequential damages, incidental damages, special damages, attorneys' fees and
disbursements) arising from or relating to (i) the use of the Service in any
manner which violates the terms of this Service Agreement or otherwise violates
any law, rule, or regulation and (ii) any claims made by third parties arising
from your use of the Service, including without limitation any and regulation
all third party claims arising from or related to any failure, delay or
interruption to the Service. The User agrees to cooperate as fully as reasonably
required in the defense of any claim. WEB SMS reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by the User. |
|
| |
|
|
|
10. |
MISCELLANEOUS |
|
| |
The failure of either party to exercise in any respect any right provided for
herein will not be deemed a waiver of any further rights hereunder. If any
provision of this Service Agreement is found to be unenforceable or invalid,
that provision will be limited or eliminated to the minimum extent necessary so
that this Service Agreement will otherwise remain in full force and effect and
enforceable.
In this Agreement, any reference to the singular includes the plural and vice
versa, any reference to natural persons includes legal persons and vice versa
and any reference to a gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance
with the law of the Nepal
No agency, partnership, joint venture, or employment is created as a result of
this Service Agreement and the User does not have any authority of any kind to
bind WEB SMS in any respect whatsoever. In any action or proceeding to enforce
rights under this Service Agreement, the prevailing party will be entitled to
recover costs and attorneys' fees.
These terms and conditions constitute the whole agreement between WEB SMS and
the User and no party shall be bound by any undertakings, representations,
warranties, promises or the like not recorded herein.
|
|
|
|
 |
|
