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Terms and Conditions |
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IMPORTANT: In accordance to the Information Technology Act, 2000
(Government of India) and the common law of contract, these Terms and
Conditions are valid, binding and enforceable for all persons that
access the VndSms.com 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 VndSms.com website. The
reasonable use of the VndSms.com website shall automatically bind the
user to this agreement. You may please note that user has to agree to all the Terms and
Conditions relating to this service agreement, and that user consents
to be bound by and becomes a party to this service agreement from the
moment he/ she places VndSms.com's products on a website or /and
accesses any part of the VndSms.com service. The User agrees that all the Terms and Conditions published here
shall be binding. In case there are any contradictions between the
product-specific terms and other conditions, as well as general Terms
and Conditions, then the product-specific Terms and Conditions shall
prevail. DEFINITIONS
AND INTERPRETATION The VndSms.com website includes all of www.VndSms.com,
including any page, part or element thereof, which is owned and
operated by Mangalmurti Infotech.
The Service shall consist of the following: a browser interface,
a message interface, an SMS gateway access, data encryption, data
transmission, and data access, data storage and, wherever applicable,
the synchronization software. The User shall be held responsible for obtaining and maintaining
all computer hardware, software and communications equipment that are
needed to access the Service, and for paying all the chargeable access
charges (e.g., ISP, telecommunications) that are incurred while using
the Service. All the specified fees are payable upfront, prior to credits
being activated. VndSms.com will make no guarantees for the
uninterrupted and continuous availability of the Service or of any
specific feature(s) of the Service. VndSms.com reserves the right to change or terminate the Service
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
VndSms.com when such termination occurs are addressed in detail in
the sections below.
Messages will be considered as delivered when VndSms.com has
delivered, or sent the messages to the immediate destination that
VndSms.com's software has been programmed to do, which includes SMTP
servers, or Mobile telephone networks. In addition, any other
intermediary server or API is also deemed to be the point of dispatch
of the message. VndSms.com does not extend guarantee of delivery on
behalf of the Mobile telephone networks of mail servers. VndSms.com lays no claim to its network coverage. Although
VndSms.com focuses on giving extensive coverage aggregation services,
the mobile networks may choose from time to time to not be a part of
VndSms.com or of its service providers' networks. This may lead to
messages not being delivered.
Subject to the Terms and Conditions of this Service Agreement and
Laws of the Union of India, VndSms.com grants the User an individual,
personal, non-sub licensable, non-exclusive and non-transferable
license ("the License") for the use of its proprietary
software and also /or application service, in object code form only,
and only in strict accordance with the applicable end user
documentation, if any, and only in conjunction with the VndSms.com
Service Agreement. The User is not permitted, directly or indirectly,
to reverse engineer, de-compile, disassemble or otherwise make any
attempt to establish the source code or the underlying ideas or
algorithms of the software; to modify, translate, or to create
distinctive and derivative works based on the software/ application;
or to copy (except for archival purposes), to rent, lease, to
distribute, assign, or otherwise transfer rights to the
software/application; to use the software/application for timesharing
or service bureau purposes or otherwise to the benefit of a third
party; or to remove any proprietary notices or label/s that identify
VndSms.com products and/or services. As between the parties, the User
will acknowledge that VndSms.com 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. Upon the
termination of this Service Agreement for any reason, this License
will be terminated and the User shall destroy and cease using all the
software and applications. This software is provided and the
applications are offered, AS IS and are subject to the
disclaimers of warranty and the limitations of liability as found in
this service agreement and which is subject to testing by the client
or the user before entering into this agreement.
To open an account for the usage of Service, it is essential that
the User must complete the registration process by providing all
current, complete and accurate information as will be prompted by the
Registration Form. Entering inaccurate details will result in
suspension. The User has to choose a login name. The user password
will be sent to his email id that he had provided in the registration
form. The User is to be entirely responsible for maintaining the
confidentiality regarding his password and account information. In
addition, the User will be entirely responsible for any and all
activities that will occur under its account. VndSms.com will not be
held liable and respond to any third party claims and or actions taken
with respect to services offered. The User agrees to notify VndSms.com immediately regarding any
unauthorized use of its account or of any other breach of security.
It is the policy of VndSms.com to respect the privacy of the
User. VndSms.com assures that it will not monitor, edit, or disclose
any personal information about the User or about the User's
VndSms.com account, which will include all of its contents, without
the User's prior permission. However it will not apply if VndSms.com
has a good faith and belief that such action is quite necessary to: (1) Conform to the statutory and/or legal requirements or to
comply with the legal process; (2) Protect and defend the rights or property of VndSms.com; (3) Enforce this Service Agreement or protect VndSms.com 's
business or reputation, including without limitation, upon
termination, cancellation or suspension of this Agreement by
VndSms.com; (4) Respond to the request for identification in connection
with the claim of copyright or trademark infringement by the User or
to a claim by a third party that the User is using the Service in
connection with an infringement, illegal or improper activity; or (5) Act to protect the interests of the User or others. VndSms.com 's service normally transmits its own brand name or
gateway number as the Sender's name for each of the messages that the
end-user sends. The User agrees that VndSms.com can access its account,
including the contents, as stated above or to respond to the service
or the technical issues. The User hereby permits
VndSms.com to send him communication via e-mail/SMS of any updates,
upgrades, notices, or any other information that VndSms.com deems
important for the user to know, relating to the service.
It is to be clearly understood that VndSms.com assumes no
responsibility for any deletion or for any failure to store
information. VndSms.com has not fixed an upper limit on the number of
messages a User may send through the Service. This is apart from how
many credits are left in the User's account; however, VndSms.com
reserves to itself the right, at its sole discretion, to determine
whether or not any or all Users conduct is consistent with the letter
and spirit of the Service Agreement. It may terminate the Service if
the User's conduct is found to be inconsistent with the Agreement.
Please refer to the detailed procedure for termination of the service.
VndSms.com has the right and may, in future, after prior or without
prior notification, limit the storage space that may be available to
each User. The sender ID that may be sent as part of mobile text messages is
not a guaranteed feature and may not be sent without any notification.
Although VndSms.com makes all efforts to ensure delivery and
prides itself on fast delivery of messages, messages may be delivered
late as a result of queuing or network traffic. This situation will
still result in displaying the message as "delivered".
VndSms.com expressly prohibits any unauthorised commercial use
of the Service. The User gives irrevocable agreement to abide by all
the applicable local, national and international laws and regulations.
User is solely responsible for all acts or omissions (that occur under
its account or password), including responsibility for the content of
any transmissions through the Service. VndSms.com provides by way of
example, and not as a limitation, the stipulation that the User agrees
not to: A. Use the Service in any way connected to any chain letters,
junk SMS messages, spam or any unsolicited messages (commercial or
otherwise); B. Harvest or otherwise collect, information about other
users, including email addresses, without obtaining their consent; C. Transmit through the Service, or associate with the
Service or publish within the Service any unlawful, harassing,
libelous, or abusive, threatening, and harmful, or vulgar, obscene or
otherwise any objectionable material of any kind or nature; D. 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; E. Libel, defame or slander any person, or try to infringe
upon any person's privacy rights; F. Transmit any material that may contain any viruses, Trojan
horses, worms, time bombs, cancel bots, or any other harmful or
deleterious programs; G. Interfere with or disrupt the networks connected to the
Service or violate the regulations, policies or procedures of such
networks; H. Attempt to gain unauthorised access to the Service, or to
other accounts, computer systems or networks connected to the Service,
by using password mining or by any other means; I. Interfere with another User's peaceful use and enjoyment
of the Service or another entity's peaceful use and enjoyment of
similar services; or J. Engage in any other activity that VndSms.com could
believe may subject it to criminal liability or civil penalty or
judgment.
A. In consideration for the use of VndSms.com's services,
the User agrees and shall pay to VndSms.com a sum called a
transaction fee or subscription fee (as appropriate) for messages
delivered or partially delivered using any available delivery method,
at the prescribed and applicable rate then in effect. VndSms.com may,
from time to time, and at its own discretion, offer limited time
"Free Trial" or similar type or different promotions during
which period no transaction fees or reduced transaction fees may
apply. Such promotions are intended for Users to test the capabilities
of the Service and/or for casual, personal use only. During such
promotions, all provisions of this Agreement shall remain in full
force and effect. B. All fees are payable upfront. Upfront payment refers to
payment that is made within a reasonable time so as to allow
VndSms.com to add the SMS credits to the client's account. C. Payment shall be deemed to have been made, as soon as the
fee is available in VndSms.com's bank account. D. Manner of payment - All products have the following
payment options available-- ·
Credit / Debit Card via on-line payment gateway ·
Cheque / Demand Draft / Cash deposit into our Bank Account E. Credit Card Payment - If the User has elected to pay for
the Service by credit card, and VndSms.com does not receive payment
from the credit card issuer, the User agrees to pay all amounts due,
immediately upon demand by VndSms.com. All amounts are pre-paid and
the User agrees to the payment and to the Terms and Conditions of such
payment whenever such payment is made. VndSms.com reserves the right
to give its agreement to other payment arrangements on a case-by-case
basis. (Agreements with the credit card issuer govern use of the
User's credit card, and the User must refer to that agreement to
ascertain its rights and liabilities as a cardholder). The User is
charged in US Dollars. The final purchase amount is the amount
reflected on the Credit Card holder's statement. F. Cost Increase - The User acknowledges that VndSms.com is
dependent on various telecommunication networks and institutions for
the delivery of its messages and that VndSms.com may revise its
prices and offerings for its products and services, should the prices
be adjusted due to reasons, which are beyond VndSms.com's control.
VndSms.com undertakes to notify the clients and users of such
adjustments in writing, prior to implementing such adjustments. G. Any message units that have been purchased must be used up
within 120 days from the date on which it had been purchased.
VndSms.com may, at its sole discretion, curtail or extend this period
on a case-by-case basis. H. No refunds will be made in any case for any fees already
collected like branding fees, licenses, monthly administration fees,
and any other setup or onetime fee that the User may pay to VndSms.com. I.
Before starting any relationship with us we advice you to test our services. We do not offer any refund of money at any stage or at any condition once the transaction has done unless VndSms agreed.
In case, VndSms agreed to refund money it will take 60 to 90 days but not more then that from the date of request received by VndSms through e-mail (registered with the VndSms) or by regular post. All charges like monthly fee (pro-rata basis), sms charges (for unused credits), 15% processing charges will be deducted from the refundable amount.
K.
The User expressly understands that rate, calculated by the number of
credits to specific destination network may change due to various
factors, and that VndSms.com may adjust these credits whenever it
deems it necessary to do so, with or without prior notice to the User. 9.
TERMINATION, CANCELLATION, AND SUSPENSION A. Modification of Terms - VndSms.com
frequently updates, modifies, and otherwise continually makes efforts
to improve all the VndSms.com services and products. Such changes
often dictate that we simultaneously modify our Terms and Conditions
of Use. Hence, VndSms.com shall have the right to modify any or all
the terms of this Agreement and to change or drop any aspect or
feature of the VndSms.com 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 be construed
as the acceptance of any such changes. If the User is not agreeable to
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 read and review this Agreement from
time to time and also to be aware of any such changes. B. Termination, Cancellation and/or
Suspension by VndSms.com - This Agreement and the license granted
hereunder can be terminated, canceled and/or suspended by VndSms.com
at any time if, in VndSms.com's sole discretion, the User has
breached the Terms of Service. Such termination, cancellation and/or
suspension by VndSms.com shall come into effect immediately after
giving notice by VndSms.com to the User in any reasonable manner,
including but not limited to, notification by e-mail. Upon, during,
and/or after any such breach, VndSms.com has the option to suspend,
terminate and/or cancel this Agreement. In addition, VndSms.com has
the right to recover any and all damages from the User arising from or
relating to the event(s) giving rise to the suspension, termination or
cancellation. VndSms.com reserves the right to suspend the client's
service at any stage for any reason that it may deem necessary in
order to continue to provide any of its services in a way that may be
hindered by the Client's status as being a VndSms.com client, or the
financial status of the client or the content of the messages
originating from the client. C. In the event that VndSms.com has cause
to receive complaints from recipients or third parties with respect to
the use of the Service, VndSms.com 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 has the right and is free to terminate or cancel this
Agreement at any time and for any reason. The User only has to
intimate VndSms.com by sending an email of this intention. However,
it is to be noted clearly that any sum or pre-paid credit amount
remaining pending at the time of cancellation of this Agreement shall
not be repaid to the User. E.
Obligations Upon Termination and/or Cancellation - Upon the
termination, cancellation and/or suspension of this Service Agreement,
the User remains responsible for any obligations that have been
accrued including, but not limited to, payment of any costs or charges
that may be arising in connection with such termination, cancellation
and/or suspension, and payment of all outstanding transaction fees for
use prior to said termination, cancellation and/or suspension occurs.
The payment and other obligations under this Service Agreement are not
suspended, stayed, or otherwise affected by a suspension of access to
/ or use of VndSms.com (in whole or in part) where the said
suspension arises from the User's failure to comply with, or violation
of, the terms of this Service Agreement or of any law or legal
obligation. Upon termination and/or cancellation, for any reason, the
User agrees to immediately cease using VndSms.com and removes all the
VndSms.com software and the applications on any computer, database,
and the server (local or remote) in its possession or under its
control. VndSms.com shall have no obligation whatsoever to the User
after the termination or cancellation of this Service Agreement. 10.
WARRANTIES OR LIABILITIES A. While it is to be understood that
VndSms.com will make all efforts to ensure that the service is
reasonably available at all times, and will at all times endeavor to
maintain connections to as many aggregators, gateways and Carriers as
are, in its discretion, commercially viable and to make all upgrades
to the VndSms.com API available to the User in a commercially
reasonable and timely manner. The User acknowledges that VndSms.com
cannot guarantee the availability of a Carrier's SMSC. The user
expressly acknowledges and agrees that the use of the service is
generally at its own risk and that VndSms.com's service is being
provided "AS IS" and "AS AVAILABLE" without any
warranties or conditions whatsoever, express or implied. VndSms.com
will use commercially reasonable efforts to make the access to its
services always available to the user through the required access
protocols, but makes no warranty or guarantee that the user will be
able to access VndSms.com at any particular time or any particular
location. B. VndSms.com (which also includes its
owners, employees, suppliers, internet service providers, partners,
affiliates and agents) shall not be held liable for any damage, loss
or liability of any nature incurred by whomever and resulting from use
of the service and the internet generally, as well as access to the
VndSms.com website, the access to websites linked to the VndSms.com
website, any inability to access the VndSms.com website; the
inability to access websites linked to the VndSms.com website, any
content available on the VndSms.com website, any or all services
available from the VndSms.com website, any or all products available
from the VndSms.com website, any downloads and use of content from
the VndSms.com website, and/or any other reason which is not directly
related to VndSms.com's gross negligence. C. The information, ideas and opinions
expressed on the VndSms.com website should not be regarded as
professional advice or the official opinion of VndSms.com, and Users
are strongly encouraged to consult professional advice before taking
on any course of action that is related to the information, ideas or
opinions expressed on the VndSms.com website. D. VndSms.com does not make any warranties or
representations that the VndSms.com website shall be available at all
times. Users acknowledge that the VndSms.com website may be
unavailable due to updates or other causes beyond the reasonable
control of VndSms.com, including, but not limited to virus infection,
unauthorised access (hacking), power failure or other "acts of
God". E. VndSms.com does not make any
warranties or representation that the content and the services
available from the VndSms.com website shall in all cases be true,
correct or free from any errors. VndSms.com shall take all reasonable
steps to ensure that the quality and accuracy of content is available
from the VndSms.com website. F. VndSms.com and its affiliates, agents, content providers,
service providers, and licensors a) Hereby disclaim all express and implied
warranties as to the accuracy, completeness, non-infringement,
merchantability or fitness for any or all particular purposes of
VndSms.com generally, and that any content or services contained
therein, as well as all the express and implied warranties that the
operation of VndSms.com is generally and that any content or services
contained therein will be uninterrupted or error-free. b) Shall in no event be held 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 the failures, delays or
interruptions of the service generally, and any aspect ancillary
thereto; (the user agrees to indemnify VndSms.com for any and all
third party claims arising from any such or of the failures, delays or
interruptions in connection with regard to use of the service). G. Without in any way limiting the
foregoing, VndSms.com shall in no event have (in the aggregate) any
liability whatsoever in connection with this agreement in excess of an
amount that is equal to twice the lowest monthly transaction fee
applicable to such account and /or claim in effect for the monthly
period immediately preceding the date of the first claim made by the
user and/or the user alleging liability. H. High risk activities - The VndSms.com
service is not fault-tolerant and is not designed, manufactured or
intended for use or resale as online control equipment in hazardous
environments requiring fail-safe performance, including but not
limited to use in the operation of nuclear facilities, aircraft
navigation or communication systems, air traffic control, direct life
support machines, or weapons systems, in which the failure of
VndSms.com could lead directly to death, personal injury, or to
severe physical or environmental damage ("high risk
activities"). In addition to all the other disclaimers and
limitations contained within this agreement, VndSms.com and its
affiliates, agents, content providers, service providers and licensors
specifically disclaim any express or implied warranty of fitness for
high risk activities which may also include emergency notification
services.
Notwithstanding anything to the contrary contained herein, the
provisions for the " Warranties and Liabilities" set forth
in Section 10 herein are for the benefit of VndSms.com and its
affiliates, agents, content providers and service providers and each
shall have the right to assert and enforce such provisions directly on
its own behalf.
The User agrees to indemnify, hold harmless, and defend
VndSms.com and its affiliates, agents, content providers and service
providers, against any and all claims, liabilities, damages, all 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
defence of any claim. VndSms.com reserves the right, at its own
expense, to assume the exclusive defence and control of any matter
otherwise subject to indemnification by the User.
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 of the provisions 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 continue to remain in full force and effect
and is 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 one gender includes the
other genders. This Agreement shall be governed by and construed and interpreted
in accordance with the laws of the Union of India. No agency, partnership, joint venture, or employment is said to
be created as a result of this Service Agreement and the User does not
have any authority of any kind to bind VndSms.com in any respect
whatsoever. In any action or proceeding to enforce rights under this
Service Agreement, the prevailing party will be entitled to recover
all the costs and attorneys' fees. All notices under this Service Agreement will be in writing and
will be deemed to have been duly given when received, if personally
delivered; when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; the day after it is sent, if sent for next day
delivery by recognized overnight delivery service; and upon receipt,
if sent by certified or registered mail, return receipt requested. These Terms and Conditions constitute the whole agreement between
VndSms.com and the User and neither party shall be bound by any
undertakings, representations, warranties, promises or the like not
recorded herein.
VndSms.com offers the facility for individuals or businesses to
connect to its server in order to facilitate text messaging directly
to VndSms.com's Gateway. These terms do not exclude the foregoing
terms in this agreement. a) For availing the API connectivity, the Client needs to
fill the details in a separate form, specifying what IP Address range
the messages will be posted from. b) VndSms.com reserves the right to approve clients and API
connections at its sole discretion. c) VndSms.com encourages the use and publicity of anti-spam
policies. d) The client will be supplied with a unique login and
password. This will ensure that the connection is at all times secure
from VndSms.com's side. Security measures over and above this will be
the client's responsibility. e) Although VndSms.com will provide API connection
specifications and will attempt to keep the specifications accurate
and up to date, these specifications may be incomplete and may change
from time to time without VndSms.com informing the client that it has
changed. It is the client's sole responsibility to test the
specifications thoroughly on a regular basis, since VndSms.com will
not accept responsibility for any specifications that may be incorrect
or incomplete.
VndSms.com licenses the User to view, download, save and print
the content of the VndSms.com website, provided that such content is
to be used for private, personal, educational and/or non-commercial
purposes only or to view, download, save and print this agreement for
legal and/or evidential purposes. Content from the VndSms.com website may not be used or exploited
by Users for any commercial and non-private purposes without the
express and prior written consent of VndSms.com. Users are advised to only access, browse and use the VndSms.com
website for legitimate personal or commercial purposes and they may
not use the VndSms.com website or any VndSms.com services and/or
products for · Harmful purposes · Illegal purposes · Disclosing, sharing
or publishing material that may be considered to be offensive,
defamatory, restricted, prohibited, infringing or damaging to any
person; and/or · The creation,
storage and sending of unsolicited commercial communications. If any User uses content from the VndSms.com website in the
breach of the provisions detailed herein · VndSms.com
reserves the right to claim damages from the User · VndSms.com
reserves the right to institute criminal proceedings against the User;
and · VndSms.com shall
not be liable, in any manner whatsoever for any damage, loss or
liability that may result from the use of such content by the User or
by any third party who has obtained any content from the User. Hyperlinks to the VndSms.com website from any other source shall
be directed to the home page of the VndSms.com website. Links beyond
the VndSms.com home page may only be used with VndSms.com's prior
written consent and permission. VndSms.com shall not be liable, in any
manner whatsoever, for any damage, loss or liability that results from
the use of content, products or services available from the
VndSms.com website and if such content, products or services was
accessed through a hyperlink not directed at the home page of the
VndSms.com website. Persons that wish to link to pages beyond the
home page of the VndSms.com website without VndSms.com's prior
written consent shall do so at their own risk and indemnify
VndSms.com against any loss, liability or damage that may result from
the use of such hyperlinks. VndSms.com's non-liability for deep
linking is based on the fact that deep links bypass these Terms and
Conditions. Users may quote small and reasonable amounts of content available
from the VndSms.com website and only if such a quote is placed in
inverted commas and the source is acknowledged. No person may, without the prior written consent and permission
of VndSms.com, frame the VndSms.com website in any manner
whatsoever. Apart from bona-fide search engine operators, no person may use
or attempt to use any technology or applications (including web
crawlers, robots or web spiders) to search, collect or copy content
from the VndSms.com website for any purpose whatsoever, without the
prior written consent of VndSms.com. E-mail addresses, names, telephone numbers and fax numbers
published on the VndSms.com website cannot be incorporated into any
database, used for electronic marketing or similar purposes. No
permission is given or is implied that the information on the
VndSms.com website may be used to communicate unsolicited
communications to VndSms.com. All the licenses and/or permissions that are granted in terms of
this section are provided on a non-exclusive and non-transferable
basis and may be terminated or cancelled by VndSms.com at any time
without prior notice or giving any reasons.
VndSms.com may provide hyperlinks to websites not controlled by
VndSms.com ("target sites") and such hyperlinks do not
imply any endorsement, agreement on or support of the content,
products and/or services of such target sites. VndSms.com does not
editorially control the content, products and/or services on target
sites and shall not be liable, in any manner whatsoever, for the
access to, or the inability to access, or the use, inability to use or
content available on or through target sites
VndSms.com shall take all reasonable steps to secure the content
of the VndSms.com website and to secure the information provided by
and collected from Users to prevent unauthorised access and/or
disclosure. However, VndSms.com does not make any warranty or
representation that the said content shall be 100% safe or secure. VndSms.com is under no legal duty to encrypt any of the content
or communications from and to Users and is also under no legal duty to
provide the digital authentication of any pages on the VndSms.com
website. Users are not permitted under any circumstance to deliver or
attempt to deliver, whether deliberately or negligently, any damaging
code, such as computer viruses, robots or spy ware, to the VndSms.com
website or the server and computer network that supports the
VndSms.com website. Notwithstanding criminal prosecution, any person who delivers or
attempts to deliver any damaging code to the VndSms.com website,
whether deliberately or negligently, shall, without any limitation,
indemnify and hold VndSms.com harmless against any and all
liabilities, damages, risks and losses that VndSms.com and its
partners/affiliates may suffer as a result of such delivery, attempt
or damaging code. Users are not permitted to develop, distribute or use any device
or programme designed to breach or to overcome the security measures
of the restricted pages, the products and the services on the
VndSms.com website. VndSms.com reserves the right to claim damages
from any and all persons involved, directly and indirectly, in the
development, use and distribution of such devices or programmes. Users who commit any of the above offences shall, notwithstanding
criminal prosecution, be held liable for all resulting liabilities,
losses, destruction or damages that may be suffered and/or incurred by
VndSms.com and its partners/affiliates as a consequence or related to
these illegal actions. |
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