Terms and Conditions
The following are the Terms and Conditions for the use of smart5sms.in Products and/or Services ("smart5sms.in Products and/or Services" or "the Products" or "the Services") by the User ("User" or "Users"). Any User accessing and using the Products or availing the Services and/or any part thereof shall invariably be bound by these Terms and Conditions.
IMPORTANT: In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000 and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the smart5sms.in website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the smart5sms.in website. The reasonable use of the smart5sms.in website shall automatically bind the Users to this agreement.
1. PRODUCTS AND SERVICES
The Products offered by smart5sms.in consist of, but not limited to, the following: Messaging Tools or Interfaces (like Web Browser Interface, Microsoft Excel Plug-in, Desktop Messenger, Inbox, Unicode Tool, API Tools, Short Code, Virtual Long Number etc) developed either by smart5sms.in or any other third party, Sender Name/Number and Message Credits.
The Services offered by smart5sms.in consist of, but not limited to, the following: SMS Core Messaging Platform Access, wherever applicable, the Synchronization Software.
The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges that are incurred while using the Products and/or Services.
smart5sms.in offers only some of its Products and/or Services free of cost while others are offered at a price. All the price details are mentioned prominently and are payable upfront, prior to the account and/or specific feature(s) and/or credits being activated. Price per SMS may vary periodically based on the variations done at operator's end. smart5sms.in shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services.
The SMS prices may vary if operators introduce interconnection charges.
smart5sms.in offers Application Programming Interface (API) Tools like HTTP/S, XML, SMTP and/or COM Object Tool and/or SMPP Protocol to connect to smart5sms.in Core Messaging Platform. These provide an easy, efficient and flexible option to integrate with the User’s website/application, facilitating auto-generated SMS Text messages to be delivered to the intended recipients’ mobile phones. smart5sms.in charges a one-time setup fee or a periodic fee based on the package selected for activating such connectivity.
smart5sms.in also offers Life Time validity for some of its Products and/or Services which would be considered valid for a period of 6 Years.
Any special offers and/or discounts introduced by smart5sms.in are valid only for the specific validity period mentioned in the offer. smart5sms.in may or may not extend the offer, once the offer package reaches the expiration date.
smart5sms.in also provides an option to receive sms text messages into the User’s smart5sms.in account (called Inbox).
The Products and/or Services are “AS IS” and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.
smart5sms.in reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect. All the fees paid to smart5sms.in when such termination occurs are addressed in detail in the sections below.
2. SINGLE USER ACCOUNT - ACCESS TO USE THE PRODUCTS AND/OR SERVICES
To access and use smart5sms.in Products and/or Services, Users need to have a smart5sms.in Account ("account"). For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" and "password" (6 to 16 characters each).
To avail connectivity using API Tools and/or COM Object Tool and/or SMPP Protocol, the Users need to fill in another form, which contains details like IP Address to connect to the server, Technical Contact Information, Type of API etc.
smart5sms.in reserves the right to approve Users for connectivity using API Tools and/or COM Object Tool and/or SMPP Protocol at its sole discretion. Although smart5sms.in shall provide connection specifications and shall attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without smart5sms.in informing the Users about the changes. It is the User's sole responsibility to test the specifications thoroughly on a regular basis and smart5sms.in shall not accept responsibility for any specifications that may be incorrect or incomplete.
The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. smart5sms.in shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify smart5sms.in immediately regarding any unauthorized use of their accounts or of any other breach of security.
If smart5sms.in finds no activity in any User's account for more than 365 days, that account shall be temporarily blocked or suspended. The Users may contact smart5sms.in to re-activate such accounts.
3. USER PRIVACY
smart5sms.in respects the privacy of the Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's smart5sms.in account, which includes all of its contents, without the User's prior permission. However, this will not apply if smart5sms.in has to:
. Conform to the statutory and/or legal requirements or comply with the legal process;
. Protect and defend the rights or property of smart5sms.in;
. Enforce this Agreement or protect smart5sms.in business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by smart5sms.in;
. Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the Users is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
. Act to protect the interests of the Users or any others in general
The User agrees that smart5sms.in can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.
The User hereby permits smart5sms.in to send him/her communication via email/sms of any updates, upgrades, notices, or any other information that smart5sms.in deems important for the Users to know, relating to the Products and/or Services.
4. USER OBLIGATIONS AND DUTIES
smart5sms.in expressly prohibits any unauthorized commercial use of the Products and/or Services. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through smart5sms.in.
The Users acknowledge that smart5sms.in and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.
. smart5sms.in provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:
. Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services;
. Modify, translate, or create distinctive and derivative works based on the Products and/or Services;
. Copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the Products and/or Services;
. Use the Products and/or Services for timesharing or to the benefit of a third party;
. Remove any proprietary notices or label(s) that identify smart5sms.in Products and/or Services;
. Use the Services in any way connected to any chain letters, junk sms text messages, spam or any unsolicited messages (commercial or otherwise);
. Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
. Transmit any unlawful, harassing, libelous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
. Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
. Defames or slanders any person, or try to infringe upon any person's privacy rights;
. Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
. Interfere with or disrupt the networks connected to smart5sms.in or violate the regulations, policies or procedures of such networks;
. Attempt to gain unauthorized access to the Products and/or Services or to other accounts, computer systems or networks connected to smart5sms.in;
. Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
. Engage in any other activity that smart5sms.in could believe may subject it to criminal liability or civil penalty or judgment.
5. smart5sms.in Offer - Disclaimer
Under no circumstances will smart5sms.in refund cash/credits for delays/non-delivery of services due to issues at the telecom operator's end.
From time to time, smart5sms.in runs several promotions for the entire/part of smart5sms.in users or for the entire/selected products/services within smart5sms.in.
These promotions may include discounts, contests, cash-back offers, bargains, benefits or any other offer as decided by smart5sms.in on its products/services.
smart5sms.in also runs promotions/offers targeted at certain segments of smart5sms.in clients, which may not be offered to the entire base of smart5sms.in users.
Eligibility criteria for inclusion of smart5sms.in users in these promotions vary from time to time.