Terms and Conditions
| These Terms of Service are an agreement between smsgold.in and you. | |
| BY SUBSCRIBING TO smsgold.in, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the smsgold.in services. smsgold.in is a Text Messaging application by Indyarocks media services pvt ltd offering group messaging, where users can send information to all the group members in one go much cheaper then Mobile messaging. User's can also set sender name with these messages. (herein after referred to “Services” ) which are provided by smsgold.in, its affiliates or third party service providers. The services will be collectively referred to in these Terms of service as “smsgold.in”, “we”, “us”, or “our”. “You” and “Your” means You, Your Company, Your employees, and anyone who has access to use your smsgold.in account. You must be at least eighteen (18) years of age to subscribe to and use any smsgold.in service or product or any other eligible age as specified under the laws of the country. smsgold.in is offered to you on the condition that you accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout smsgold.in and abide by them if You choose to use the sites, or accept the, services or benefits, to which such terms apply. smsgold.in reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If smsgold.in makes a material change to the Terms of Service, smsgold.in will give you notice by email at the email address which you use as your user ID for Your smsgold.in account fifteen (15) days before such change is scheduled to take effect. If you continue to use smsgold.in after any such changes, Your continued use will constitute Your consent to such changes. Any rights not expressly granted herein are reserved by smsgold.in. In addition to your registration information and other information about you is subject to our Privacy Statement |
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| Terms of use | |
| Upon your registration your password shall be send to your email account as given at the time of registration. smsgold.in shall filter the message sent by you if the words are offensive and are in the list of non-conformity of words of smsgold.in. | |
| Your Warranties | |
| By subscribing to any service offered on the smsgold.in site, you make the following representations and warranties. smsgold.in shall have the right to terminate your smsgold.in account, without notice at any time, if any representation warranty made by you proves to be untrue in any respect. | |
| You represent and warrant that: | |
| You and all users of smsgold.in approved by you are at least eighteen (18) years of age or any other eligible age as specified under the laws of the country: You have the legal capacity and authority to: (a) enter into binding contracts, (a) be bound by these Terms of Service and the Additional Terms, (a) to subscribe to and use the smsgold.in service, in accordance with these Terms of Service and any Additional Terms and conditions, (a) if you are acting in a corporate capacity, to bind Your company, You will not use smsgold.in for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration, subscription and billing process; Any services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and By using smsgold.in, you agree that you will defend and indemnify smsgold.in and its suppliers from any third party claim related to a breach of any of the foregoing warranties. |
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| Limitations on Your Use of smsgold.in | |
| smsgold.in is provided to assist you with the operation of your business. Your right to use smsgold.in is limited to you, and Your Company and its employees. You are solely responsible for your content and Your Web site and your smsgold.in account. smsgold.in reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. smsgold.in reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, services or benefits obtained from smsgold.in, except as expressly provided herein. You may not use a name in connection with operating your smsgold.in Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to your identity. You may not restrict or inhibit any other user from using and enjoying such user's rights in smsgold.in and should not interfere with or disrupt smsgold.in or servers or any network connected to smsgold.in. You may not use smsgold.in or the services provided through or in connection with the smsgold.in to: 1. rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; 2. Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; 3. conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; 4. Harm minors in any way; 5. publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; 6. sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any smsgold.in services or Your Web site would cause smsgold.in to violate any law, statute or regulation; or any other illegal activity; 7. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; 8. Violate any applicable government laws or regulations. You may not reproduce or redistribute any Software. You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in smsgold.in, or in any product, service or Software provided through smsgold.in. The information provided by smsgold.in to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of smsgold.in with any third party. |
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| Changes to Services, Termination By smsgold.in | |
smsgold.in may change any of the smsgold.in services at any time and from time to time without notice, including terminating the offering of any smsgold.in service altogether. smsgold.in may terminate your account, your access to smsgold.in or any of your smsgold.in services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your smsgold.in services or from using the smsgold.in Network or from receiving any services or benefits from smsgold.in, if smsgold.in determines You have violated these Terms of Service or any Additional Terms, if any representation or warranty made by You is untrue in any respect or if smsgold.in receives a court order or other legal action relating to Your account. In addition, if you violate any of these Terms of Service or any applicable Additional Terms You will forfeit all in-kind credits accruing to you (if any) in connection with the smsgold.in Network and there will be no refund of any fees prepaid by you. |
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Cost Increase |
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| Should there be a cost increase after the client has purchased message units from Smsgold.in, Smsgold.in will give the client a notice of such an increase which will be applicable to such credits that are still in the client's message unit account. The client acknowledges that Smsgold.in is dependant on various telecommunications networks and institutions for the delivery of its messages and that Smsgold.in may adjust its prices and offering, should the prices be adjusted due to reasons, which are not in Smsgold.in's control. Smsgold.in undertakes to notify the client of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the client has purchased message units from Smsgold.in, Smsgold.in will give the client a notice of such an increase which will be applicable to such credits that are still in the client's message unit account. Should the client's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units. | |
| Refund Policy | |
Before starting any relationship with us we advice you to test our services on Indyarocks.com. We do not offer any refund of money at any stage or at any condition once the transaction has been done. We are not responsible for any changes in the government policies with regards to bulk messaging system. |
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| Links to Third Party Sites | |
| Links (if any) within the smsgold.in web site may let you leave the smsgold.in site. You acknowledge that the linked sites are not under the control of smsgold.in and that smsgold.in is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. | |
| Ownership of Materials | |
| smsgold.in does not claim ownership of the materials You provide to smsgold.in (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of smsgold.in (collectively "Submissions"). However, You grant smsgold.in a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of smsgold.in. You also grant smsgold.in the right to publish your name in connection with any such use. No compensation will be paid or due to you with respect to smsgold.in or its sublicense's use of the materials as licensed above. smsgold.in is under no obligation to post or use any materials you may provide, and may remove such materials at any time in smsgold.in sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through smsgold.in, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant smsgold.in the license set forth above, and You will defend and indemnify smsgold.in and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties. You grant smsgold.in permission to use screen shots of any Web page that contains a link to smsgold.in or smsgold.in HTML code in smsgold.in promotional materials, and represent and warrant that you have sufficient authority to grant the foregoing rights. |
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| Limitations of Liability and Disclaimers | |
The information, software, services and other material included in or available through smsgold.in may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via smsgold.in should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. Without limiting the foregoing, smsgold.in is not responsible for any of your data residing on smsgold.in and smsgold.in hardware or systems, including such hardware or systems provided to smsgold.in by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the smsgold.in or smsgold.in hardware or systems, including such hardware or systems provided to smsgold.in by third parties, whether or not such information is produced through the use of smsgold.in, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the smsgold.in Network. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. smsgold.in will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (i) content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; (a) Your use of the smsgold.in Network, its services; (b) Your customers' use of Your Web site hosted by or created through smsgold.in and Your services; (c) use of the smsgold.in Network by any other party to whom You have given access to Your company information for use of the Smsgold.in Network; (d) errors, bugs or other defects in the smsgold.in Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Smsgold.in Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to smsgold.in's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of Smsgold.in. smsgold.in is not liable for your actions with your customers or vendors, or the use of their information, or for any other actions arising from your use, or the use of other parties to whom you have given access to your smsgold.in information, through the use of smsgold.in. |
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| Indemnity |
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| You agree to defend, indemnify and hold smsgold.in and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with smsgold.in or your use of smsgold.in. | |
| Access Restriction; Account Security and Passwords | |
| smsgold.in reserves the right to deny in its sole discretion any user access to smsgold.in or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your account information (including password(s) and user name(s) issued to you) and for any use or misuse of your account or smsgold.in resulting from any third party using a password or user name issued to you. You agree to notify smsgold.in immediately of any known or suspected unauthorized access to or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of smsgold.in known to or suspected by you. You may change your password at any time by following instructions on the smsgold.in Web site.
You hereby authorize smsgold.in to rely on any data, notice, instruction or request furnished by you to smsgold.in, or that smsgold.in reasonably believes to have been furnished by you. You are solely responsible for maintaining the confidentiality of your account information and monitoring usage of your account. smsgold.in is not responsible for fraud of participants or of other users of your account |
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| Your Customer Data | |
| smsgold.in will only use your customer data in accordance with the privacy policy. | |
| General | |
These Terms of Service and the Additional Terms are governed by the laws of the India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hyderabad, Andhra Pradesh, India in all disputes arising out of or relating to the use of the smsgold.in Services or smsgold.in. You agree not to represent yourself to be a representative, agent, or employee of smsgold.in and that smsgold.in will not be liable by reason of any representation, act or omission to act by you. You agree that no joint venture, partnership, employment, or agency relationship exists between you and smsgold.in as a result of these Terms or Service or use of smsgold.in. |
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