Terms
& Conditions of
www.MySmsMantra.com
a unit of MicroNet Infocom & Logistics Pvt Ltd
My Sms Mantra reserve right to modify the policy
at any time. All subscribers of Our Services,
directly or indirectly are required to engage in
acceptable use only as per this policy as
modified from time to time.
The Terms & Conditions specifies the actions
permitted by My Sms Mantra to its users of our
services, including SMS and other services which may
be introduced in future. My Sms Mantra reserve right
to modify the policy at any time. All subscribers of
Our Services, directly or indirectly are required to
engage in acceptable use only as per this policy as
modified from time to time.
a. Illegal use
My Sms Mantra may be used only for lawful purposes.
Transmission, distribution or storage of any
material in violation of any applicable law or
regulation is prohibited. This includes, without
limitation, material protected by copyright,
trademark, trade secret or other intellectual
property right used without proper authorisation,
and material that is obscene, defamatory,
constitutes an illegal threat, violates export
control laws or anti national.
b. Subscriber conduct
Subscriber shall use My Sms Mantra services for
lawful purposes only. Subscriber shall not post or
transmit using My Sms Mantra services any material
which violates or infringes in any way upon the
rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct
that would constitute a criminal offence, give right
to civil liability or otherwise violate any law, or
which, without the My Sms Mantra express prior
approval, contains advertising or any solicitation
with respect to products or services. Any conduct by
a Subscriber that in the My Sms Mantra discretion
restricts or inhibits any other Subscriber from
using or enjoying My Sms Mantra services will not be
permitted. Subscriber shall not use My Sms Mantra
services to advertise or perform any commercial
solicitation, including, but not limited to, the
solicitation of users to become subscribers of other
on-line information services competitive with the My
Sms Mantra services.
Subscriber shall not upload, post or otherwise make
available using My Sms Mantra services any material
protected by copyright, trademark or other
proprietary right without the express permission of
the owner of the copyright, trademark or other
proprietary right and the burden of determining that
any material is not protected by copyright rests
with subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm
resulting from such a submission.
c. System and Network Security
Violation of system or network security are
prohibited, and may result in criminal and Civil
Liability. The My Sms Mantra will investigate
incidents involving such violations and may
involve/will cooperate with law enforcement agencies
if a criminal violation is suspected. Examples of
system or network security violations include,
without limitation, the following:
·
Unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or
test the vulnerability of a system or network or to
breach security or authentication measures without
express authorization of the owner of the system or
network.
·
Unauthorized monitoring of data or traffic on any
network or system without express authorization of
the owner of the system or network.
·
Interference with service to any user, host or
network including, without limitation, mailbombing,
flooding, deliberate attempts to overload a system
and broadcast attacks.
·
Forgery of any identification or obscuring of
hostnames, usernames, IP addresses, or any message
header information in any data.
·
Harassing or threatening transmissions.
·
Probing for means of gaining unauthorized access to
computers or networks.
·
Introducing or causing to be introduce any computer
contaminant or computer viruses into system or
network.
·
Introducing or causing to introduce any pornography
material, SMS etc.
d. Indemnification
Subscribers agree to defend, indemnify and hold
harmless the My Sms Mantra, its affiliates and their
respective directors, officers, employees and agents
from and against all claims and expenses, including
attorney's fees, arising out of the use of My Sms
Mantra Services by subscriber or any body else than
the Subscriber, if any.
e. SMS
It is a condition of use of My Sms Mantra services
that subscriber do not post or transmit any
unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including
without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise
violate any local, state, national or international
law; post or transmit any information, software or
any other material which violates or infringes upon
the rights of others, including material which is an
invasion of privacy or publicity rights or which is
protected by copyright, trademark or other
proprietary right, or derivative works with respect
thereto, without first obtaining permission from the
owner or right holder; post or transmit any
information, software or other material, which
contains a virus or other harmful component; post,
transmit or in any way exploit any information,
software or other material for commercial purposes,
or which contains advertising.
User cannot use any sender Id to send sms other then
his own name, company or firm's name owned or
managed by him/her. Using sender Id other then owned
by him will cause the termination of account and all
credits will be set to zero. A formal complaint will
also be lodged (FIR) with the law & order agency.
Sending unsolicited SMS messages, including, without
limitation, commercial advertising and informational
announcements, is explicitly prohibited.
My Sms Mantra has no control on
the contents of the SMS sent and My Sms Mantra shall
not be held responsible/liable directly of
indirectly neither for the content of the SMS sent
nor for any delay in delivery or non-delivery or for
any errors routed by My Sms Mantra through its SMSC.
My Sms Mantra shall not be
responsible in any manner due to errors caused on
account of internet delays, disconnection, time
outs, routing problems etc.
User shall use the facilities
provided by My Sms Mantra for delivery of MT SMS
that terminates within India only. User also
acknowledges that it will not use the capability of
sending international SMS through My Sms Mantra
SMSC.
User will not send unsolicited
SMS (also referred to as ‘spamming’) to subscribers.
All SMS sent by user using My Sms Mantra SMSC must
conform to IT Act 2000 and other relevant laws of
India. Any violation will be the sole responsibility
of user
User has complete control of
the Sender-ID (Alphanumeric or Numeric) of the MT
SMS sent through My Sms Mantra SMS and will not
misuse this facility. In case it is found that user
is misusing this facility by sending a message on
someone’s name without his/her approval, it shall be
treated as a breach of this agreement and the
connection will be disconnected forthwith. It shall
be sole responsibility of user and My Sms Mantra
will in no way responsible for any such message and
the subsequent fallout.
My Sms Mantra shall strive to
deliver SMS immediately upon receipt from the user.
However My Sms Mantra Shall not be responsible for
any delay, non receipt of SMS or any other
interruption in providing SMSC facility, which may
occur due to technical reasons or snags in the
system, break down of SMSC or any other equipment,
server breakdown, maintenance shut down, breakdown
of communication services and such interruption are
beyond the control of My Sms Mantra. However, My Sms
Mantra acknowledges that it will put in its best
endeavors to achieve the best success rate in
delivery of the SMS messages so routed through its
SMSC
The Way We Use Information
We use the information you provide about yourself
when placing an order only to complete that order.
We do not share this information with outside
parties except to the extent necessary to complete
that order. We will use this information to
occasionally inform you of promotions being run on
the website or other networked website & products of
Micronet Infocom & Logistics pvt ltd. Within each
email, you will be provided an option to opt out
from receiving such emails in the future. We use
return email addresses to answer the email we
receive. Such addresses are not used for any other
purpose and are not shared with outside parties. We
use non-identifying and aggregate information to
better design our website and to share with
advertisers. For example, we may tell an advertiser
that X number of individuals visited a certain area
on our website, but we would not disclose anything
that could be used to identify those individuals.
Finally, we never use or share the personally
identifiable information provided to us online in
ways unrelated to the ones described above without
also providing you an opportunity to opt-out or
otherwise prohibit such unrelated uses.
f. Cost policy
i.
In consideration of My Sms Mantra forwarding
the SMS through its SMSC, User shall pay the agreed
amount per SMS + taxes sent anywhere within
India.
ii.
My Sms Mantra shall be entitled to charge for
all the SMS routed by its SMSC, irrespective of any
delay, incomplete message and or non-receipt of the
message by the irrespective mobile phone to whom
such SMS has been forwarded, however, My Sms Mantra
bills the SMS only on delivery as per SMSC reports &
CDR’s. My Sms Mantra will notify any change in
tariff to User
iii.
My Sms Mantra shall raise bills at the time
of buying the credits by user. The number of MT SMS
submitted by user shall be counted for settlement.
iv.
Service Taxes would be as applicable,
currently@10.3%.
v.
User agrees to pay the bill amount
immediately when sent by My Sms Mantra. Such
payments shall be in Indian Rupees (INR)
vi.
The bill generated by My Sms Mantra shall be
the conclusive proof of the SMS sent by SMSC of My
Sms Mantra and the same shall be honored by user,
however in case of any anomaly found by user, he
will present its statistics and both parties will
resolve the anomaly.
vii.
My Sms Mantra shall not be responsible in any
manner whatsoever to user or any other third party
for delayed, incomplete and non-delivery of SMS due
to technical reasons.
viii.
No unsolicited/objectionable message should
be sent by user
ix.
Bulk SMS will be sent by user to national
customer only.
x.
Timing decided for sending these SMSs is 8am
to 8 pm except time critical messages which should
be delivered without delay.
xi.
Nature of content and primary applications to
be specified by user
xii.
The Bulk SMS rates are subject to change.
xiii.
In case of change/revision of IUC for inter
operator termination charges; these bulk SMS charge
will revised.User will have to pay the differential
amount in order to send non-consumed sms.In
case
TRAI levies ANY Extra Charges above 1
Paisa per SMS e.g. interconnectivity Charges , the
User will have to bear all such charges for the
Balance Sms Credits in
their account. The Provider
company reserves the Right to suspend User
Account 7 days after giving a Notification by E-Mail
or SMS to the Client in case the client does not
deposit the Differential Amount to the Provider. A
copy of all such Policies will be provided to the
customer before charging anything extra.
g Refund Policy
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 My Sms Mantra agreed.
In case, My Sms Mantra agreed to refund money it
will take 60 to 90 days but not more then that from
the date of request received by My Sms Mantra
through e-mail (registered with the My Sms Mantra)
or by regular post. All charges like monthly fee
(pro-rata basis), sms charges, 15% processing
charges will be deducted from the refundable amount.
h. Enforcement of Terms & Conditions for My Sms
Mantra subscribers
Indirect or attempted violations of the policy and
actual or attempted violations by a third party on
behalf of a My Sms Mantra subscriber or a
subscriber's end user, shall be considered violation
of the policy by such customer or end user. Any user
found violating the above T&C is liable for action
under the prevailing laws including termination of
services without any prior notice.
Micronet Infocom & Logistics is running multiple
businesses directly or under various Brands/units.Business
industry includes like sms advertising/bulk sms
related services, SEO services , Social networking
websites, IT related security & management services
, Trading of computers,laptops & IT related
equipements,Air ticket & hotel bookings ,Travel
related services.
We also want to advise you that if, you do
not agree with any of the condition mentioned above
or any other reason you find your discomfort with
above points
kindly do not register
purchase or deal with us.
|