TERMS OF SERVICE AGREEMENT

LAST REVISION: [02-03-2020]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, [Pingsms.in] (the "Website"), [Techmion Solutions India Private Limited] ("Techmion Solutions India Private Limited") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Techmion Solutions India Private Limited] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [Techmion Solutions India Private Limited] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [Techmion Solutions India Private Limited] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Techmion Solutions India Private Limited] for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

1. PRODUCTS

Terms of Offer. This Website offers for sale of BULK SMS(the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third party call center reps or direct [Techmion Solutions India Private Limited] sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations [Techmion Solutions India Private Limited] and its designated in house or third party call team(s).  

Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use the opt out link found in any email solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: [opt-out email].

3. You may send a written remove request to [Techmion Solutions India Private Limited, Dreamland Arcaade, Umsohsun, Police Bazar, Shillong-793001, Meghalaya,India].

Proprietary Rights. [Techmion Solutions India Private Limited] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [Techmion Solutions India Private Limited]. [Techmion Solutions India Private Limited] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.

1. WEBSITE

Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. [Techmion Solutions India Private Limited]  is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

Use of Website; [Techmion Solutions India Private Limited] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website without proper authorization from [Techmion Solutions India Private Limited]  , (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Techmion Solutions India Private Limited] or the applicable third party (if third party content is at issue).

Posting. By posting, storing, or transmitting any content on the Website, you hereby grant [Techmion Solutions India Private Limited] a perpetual, worldwide, non-exclusive, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.

III. SERVICE USAGE POLICY

each [pingsms.in]  user is solely responsible for all acts that occur from his/her account, including the content of the messages transmitted through the [pingsms.in] service. the utilization of the sms service is subject to the following terms of service.

• any illegal use of the sms service is strictly prohibited. team [pingsms.in] reserves the right to block and freeze the account and the balance of the user without any prior notification who are found in the practice of illegal use of sms service.
• messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. team [pingsms.in] does not assume any liability for the content of messages sent.
• team [pingsms.in] will be exempt from any claim that may arise from third parties as a result of message content.
• you guarantee that the content of any sms always respects and does not in any way conflict with fundamental human rights or will follow the norms of intellectual property right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin).
• you accept that the service is provided for professional use only and you agree not to use it to:
• promote alcohol, music, dancing, dating, gambling or deception.
• send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
• harvest, or otherwise collect information about others, without their consent.
• mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
• transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. as a general guideline, if your content is not suitable for ages 13+, it most likely goes against our usage policy.
• transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
• transmit any material that contains viruses, trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs.
• interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
• 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.
• interfere with others use and enjoyment of the service.
• engage in any other activity that team [pingsms.in] believes could subject it to criminal liability or civil penalty/judgment.
• you acknowledge that team [pingsms.in] delivers sms messages via major telecom operators and can therefore only influence the delivery transmission of sms messages within the technical constraints imposed. sms messages submitted via internet will be transferred to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. you acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the sms message to the recipient successfully.
• you are responsible for the privacy and storage of the username and password. you agree that all activities made through your account are legally bonded to you.
• team [pingsms.in] doesn’t refund the money amount spent to buy SMS credit after any successful or authorized recharge/payment. This is because following any successful or authorized recharge/payment any blocked/active user is credited with SMS Credits against the same.
• team [pingsms.in] neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. while team [pingsms.in]] makes every effort to deliver messages promptly.
• team [pingsms.in] doesn’t refund the credits for undeliverable sms messages to you because we cannot guarantee delivery of the sms messages to recipients due to possible errors. team [pingsms.in] debits transmitted sms messages according to its transmission logs. these logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by team [pingsms.in] has produced evidence of a technical problem or error.
• team [pingsms.in] reserves the right to exclude you from using this service, refunding you any remaining amount in your account. all purchases must be considered as final, in compliance with our no refund policy.
• the sms account balance is non-refundable and does not bear interest. all the sms must be used in the validity period from the date of the purchase and no carry forward of the credits will be made unless otherwise defined in a separate contract.
• you under take the whole responsibilities regarding the messages sending through [pingsms.in] services from your account, which are transmitted as per your request.
• you shall indemnify and reimburse team [pingsms.in] all liabilities, costs, losses and damages, in case of any claim brought against team [pingsms.in] any third party due to breach of contract.

1. LIMITATION OF LIABILITY

Whilst we will take all reasonable steps to deliver your messages to recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.

Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to give 100% guarantees for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.

You acknowledge that as we send and receive text-messages via major telecommunications companies and mobile network operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.

Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the mobile network operator.

Sms that cannot be delivered within the life span allocated to them, either by us or a mobile network operator will be discarded by the mobile network operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from team [Pingsms.in].furthermore, you agree that message contents are deemed to have zero value.

You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including sms delivery, by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of communication methods.

Furthermore, use of the service and the internet is at its own risk and that the service is provided “as is” and “as available”, without any warranties or conditions whatsoever, expressed or implied. We will use all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees.

Hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contentor services contained therein will be uninterrupted or error-free.

Shall in no event be liable 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; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.

Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of team [Pingsms.in] 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.

1. INDEMNIFICATION

You will release, indemnify, defend and hold harmless [Techmion Solutions India Private Limited], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Techmion Solutions India Private Limited]. When [Techmion Solutions India Private Limited] is threatened with suit or sued by a third party, [Techmion Solutions India Private Limited] may seek written assurances from you concerning your promise to indemnify [Techmion Solutions India Private Limited]; your failure to provide such assurances may be considered by [Techmion Solutions India Private Limited] to be a material breach of this Agreement. [Techmion Solutions India Private Limited] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Techmion Solutions India Private Limited] choice at its expense. [Techmion Solutions India Private Limited] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [Techmion Solutions India Private Limited] against any claim, but you must receive [Techmion Solutions India Private Limited] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

1. PRIVACY

[Techmion Solutions India Private Limited] believes strongly in protecting user privacy and providing you with notice of website’s use of data. Please refer to [Techmion Solutions India Private Limited] privacy policy, incorporated by reference herein, that is posted on the Website.

1. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

VIII. GENERAL

Force Majeure. [Techmion Solutions India Private Limited] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation. [Techmion Solutions India Private Limited] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement. This Agreement comprises the entire agreement between you and [Techmion Solutions India Private Limited] and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of [Techmion Solutions India Private Limited] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction. This Website originates from the [Shillong, Meghalaya]. This Agreement will be governed by the laws of the State of [Meghalaya] without regard to its conflict of law principles to the contrary. Neither you nor [Techmion Solutions India Private Limited] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Meghalaya]. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Termination. [Techmion Solutions India Private Limited] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [Techmion Solutions India Private Limited] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Techmion Solutions India Private Limited] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [Techmion Solutions India Private Limited] chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. [Techmion Solutions India Private Limited] makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. [Techmion Solutions India Private Limited] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE 
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.